Assessment Event 1: Legal System and Court Etiquette

This assessment event covers topics such as courts and tribunals in the Australian legal system, solicitors at Leighton+Costello Lawyers, codes of conduct for legal assistants, and the role of legal practitioners and legal assistants in providing legal advice and appearing in court.

Assessment Event 1
BSBLEG301: Apply knowledge of the legal system to
complete tasks
Short answer questions - Legal procedures
Respond to the questions below.
Complete and save this document and submit according to your assessment event submission instructions.
Questions
1.1
Choose two (2) courts and two (2) tribunals that operate within the Australian Legal System. Write a brief outline of
their location and functions performed.
Your answer
High Court of Australia- The High Court of Australia is the apex judicial body of Australia located at Parkes. It is
entrusted with the hearing of all kinds of matter and passes judgements binding upon whole Australia at the federal
level.
Federal Magistrates Court of Australia- The Federal Magistrates Court of Australia is established for the purpose of
hearing family disputes at the federal level located at the capital cities of states of Australia
Administrative Appellate Tribunal- The Administrative Appellate Tribunal is established under the Administrative
Appeals Tribunal Act of 1975 in order to address issues pertaining to the Federal Government of Australia. It is
located at the capital cities of states of Australia.
Migration Review Tribunal- The Migration Review Tribunal is a division of the Administrative Appellate Tribunal
entrusted with the hearing of matters related to immigration.
1.2
List each of the solicitors at Leighton+Costello Lawyers and the area of law in which they practice and three (3) tasks
that you would do as their legal assistant in that area of law.
Your answer
There are various practice areas for solicitors at Leighton+Costello Lawyers. The three tasks which are to be
performed by a legal assistant at Leighton+Costello Lawyers imply the briefing of the clients as instructed,
preparation of the documents as instructed and the carrying out of the stipulated administrative tasks.
1.3
Explain the term 'authorised signing parties’. Include in your answer two personnel at Leighton+Costello who would be
responsible for authorising different specific matters/procedures and the specific matter/procedures they are responsible
for.
Assessment Event 1 BSBLEG301 R1 Page 1 of 10
Created: 02 Feb 2016 | Revised: 20 Nov 2017 |

Your answer
The term authorised signing parties imply the ones who are designated to put forth their signatures to the relevant
documents and execute them in the desired manner. Such authorised signing parties must be in capacity to put forth
their signatures to the relevant documents. At Leighton+Costello, the two people identified as authorised signing
parties include Andrea Chung and Charles Leighton.
1.4
Describe the relevant codes of conduct in relation to the role of a legal assistant in the following areas:
 privacy and confidentiality
 use of company property
 duty of care to clients
 ethical behaviour
 non-discriminatory practice
 conflict of interest
 compliance with reasonable direction.
 court etiquette
Your answer
Privacy and confidentiality- The legal assistant must treat the documents in a confidential manner as far as the aspect
of non-disclosure is concerned with regard to the maintenance of privacy.
Use of company property- The legal assistant must make sure that the assets of the company are utilized in such a
manner so that the outcomes imply the benefits for the company and the client
Duty of care- The legal assistant owes a duty of care to the client by providing them with a comprehensive solution
in a timely manner without any kind of deception.
Ethical behaviour- Professional ethics must be followed by the legal assistant with regard to the carrying out of the
stipulated duties in a proper and appropriate manner.
Non-discriminatory practice- The legal assistant has to follow a non- discriminatory approach with regard to the
undertaking of professional obligations as far as the aspects of equality and fairness are concerned.
Conflict of interest- The legal assistant must make sure that there are no conflict of interest as far as professionalism
is concerned
Compliance with reasonable direction- The reasonable direction issued by the employer must be complied by the
legal assistant in the desired manner
Court etiquette- The legal assistant must maintain the decorum of the court during the course of proceedings
1.5
Describe the role, responsibility and obligations of a legal practitioner and a legal assistant in each of the following
areas:

1. provide legal advice
2. complete or sign off on legal work
3. appear in court
Your answer
provide legal advice- The legal assistant or legal practitioner has to provide advice to the client in an ethical
manner without any kind of misleading activity as far as red herring is concerned thereby implying the
aspect of professional ethics
complete or sign off on legal work- The legal practitioner has to review the work undertaken by the legal
assistant with regard to the matter in question thereby signing of after the completion in the desired manner
appear in court- The legal practitioner has to be in a proper outfit as prescribed while appearing in court
1.6
Identify three (3) key authorities in the legal system that you may not be familiar with. For each area research these
gaps and provide a brief statement of your findings.
Your answer
The commissions are constituted for the purpose of the hearing and resolution of disputes pertaining to the respective
matters thereby avoiding the complexities involved in litigation
Arbitration is being sought after in lieu of litigation with regard to the resolution of disputes in a timely manner
thereby implying the simpler procedures accordingly
Various modes of Alternative dispute resolution are being taken into consideration with regard to the resolution of
disputes in the desired manner.
1.7
Identify the correct procedure to enter and leave a:
1. court;
2. tribunal.
Your answer
Court/tribunal- The correct procedure with regard to enter the court/tribunal implies the arrival in the courtroom in a
timely manner as far as the hearing of the matter of the legal practitioner is concerned. The proper outfit must be
worn during the entry to the court/tribunal. The judges or magistrates at the court/tribunal must be acknowledged
with a bow both while entering and leaving the court/tribunal. There should also be not any disruption both while
entering and leaving the court/tribunal. The respect to the people present in the court/tribunal must be shown at all
times.

1.8
Explain how you would address the presiding judge, magistrate or other official (as the case may be) in:
1. The District Court of NSW
2. The Family Court of Australia
3. The NSW Civil and Administrative Tribunal (NCAT).
Your answer
The District Court of NSW- In the District Court of New South Wales, the judges are to be addressed as
Your Honour during the process while making a submissions and arguments
The Family Court of Australia- In the Family Court of Australia, the judges are to be addressed as His/Her
Honour during the process while making a submissions and arguments
The NSW Civil and Administrative Tribunal (NCAT) - In the New South Wales Civil and Administrative
Tribunal (NCAT), the members are to be addressed as Mr. /Ms. followed by their surname while the hearing
is in progress.
1.9
Identify two (2) areas of court etiquette that you are not familiar with. For each area identified research these gaps and
provide a brief statement of your findings.
Your answer
The people at the courtroom must be treated in a dignified manner by the legal practitioner during the course of the
proceedings thereby implying the fostering of amicable relationship with the staff of the court in the desired manner.
The legal practitioner must conduct himself/herself in such a manner that it exemplifies the behavioural aspect in the
desired manner as far as the manners of the person are concerned during the period pertaining to the proceedings in
court.
As a result, these areas imply the gaps relating to the research with reference to the aspect of court etiquette
1.10
Explain the purpose of the following documents and their application to at least one (1) area of law:
1. Death certificate
2. Birth certificate
3. Statement of claim
4. Contract for Sale of Land.
Your answer

Death certificate- Such a document signifies the details related to the death of person as far as the law of evidence is
concerned.
Birth certificate- Such a document signifies the details related to the birth of the person in question as far as the law
of evidence is concerned.
Statement of claim- Such a document signifies the details related to the claim to be made by the concerned person as
far as the laws relating to civil litigation are concerned.
Contract for Sale of Land- Such a document implies the transfer of a vacant land from the vendor to the purchase for
an agreed price taking account of the laws relating to conveyance.
Assessment Event 2
TIMESHEET
Personal Assistant
Time sheet for: XYZ Date: Please Insert
(Time should be recorded in 6 minute units)
Start
time
Finish
time
Matter name Matter
no.
No. time
units
Task
Code
Description
12:00 12:06 Application for
divorce (Maria
Rodriguez)
2016:AC
1588
1 Re Browsing through the client
instruction sheet
12:07 12:19
Application for
divorce (Maria
Rodriguez)
2016:AC
1588
2 Doc Application form for divorce
12:20 12:32 Application for
divorce (Maria
Rodriguez)
2016:AC
1588
2 Admin Email to registration clerk
12:33 12:45 Application for
divorce (Maria
Rodriguez)
2016:AC
1588
2 Admin Email to solcitor

Task Codes
CHARGEABLE: Admin General administration F Filing T/A Telephone attendance
C Client conference Re Research Tr Transcription
Doc Produce any document Se Search public records
NON
CHARGEABLE: Break Lunch, etc. Le Sick leave, annual
leave, etc. Other Any other non-chargeable item
including general admin
CR Client relations Meet Meeting PH Public Holiday
Application for divorce (Draft)
The application for divorce is to be filed by Maria Rodriguez by the virtue of the guidelines issued by the Federal
Circuit Court of Australia. It would be by the virtue of Court Document which would imply the appropriate form to be
filled up in the desired manner with regard to her situation as far as her divorce with her husband Javier Rodriguez is
concerned. The original form along with two copies is to be submitted in addition to the certificate of marriage along
with the documentary evidence confirming her Australian citizenship since both she and her husband gained Australian
citizenship after their arrival in Australia.
Email to registration clerk
Email id: Please Insert
To
The Registration Clerk
Leighton + Costello Solicitors
Dear Sir/Madam
The stage of the legal process in respect of which the documents are to be filed in the court implies the application to be
filed in the Federal Circuit Court of Australia in the desired manner. The main purpose of these documents would imply
the providing of a comprehensive solution for our client Maria Rodriguez in the desired manner as far as the divorce
with her husband Javier Rodriguez is concerned. The documents would mainly be Court Documents such as the
Application for Divorce along with two photocopies of the Application for Divorce. It would also include the certificate
of marriage accordingly so as to imply that the marriage was conducted in the desired manner. Additionally, the
certificate of Australian Citizenship or Australian passport are also to be provided as supporting documents since our
client Maria Rodriguez has been granted Australian Citizenship after migrating from Argentina way back in 1974 with
her husband Javier Rodriguez so as to capitulate upon her proof of being a national of Australia. It is to be taken into
consideration that since the separation of our client Maria Rodriguez with her husband Javier Rodriguez. They have
never lived together. Additionally, there are no proceedings pending pertaining to family disputes between them. Such
proceedings have also not taken place between them in the past. Our client Maria Rodriguez does not wish to attend the
proceedings with regard to divorce with her husband Javier Rodriguez. As a result, appropriate arrangements must be
made accordingly for her so as to provide a comprehensive solution in the desired manner. The fees for the Application
for Divorce would be amounting to nine hundred dollars. The reduced fee for the same would be amounting to three
hundred dollars. Since our client Maria Rodriguez is working taking account of the current financial situation, she
would not be availing compensation in this aspect. As a result, the application is to be filed at the Federal Circuit Court
of Australia in the desired manner the hard copies of the documents are concerned.
Kind Regards,
XYZ

Email to solicitor
Email id: Please Insert
To
Andrea Chung
Solicitor
Leighton + Costello Solicitors
Dear Andrea
This email is regarding the documentation pertaining to the application for divorce with reference to our client Maria
Rodriguez. The documents have been prepared to the best of mu knowledge and have also been proofread in order to
check for spelling and typographical errors accordingly. They have been prepared in order to provide a comprehensive
solution to our client Maria Rodriguez in a proper and appropriate manner as far as the divorce with her husband Javier
Rodriguez is concerned. The aspect pertaining to fees with regard to the filing of the application for divorce have also
been assessed and taken into consideration as far as the financial situation of our client Maria Rodriguez is concerned as
inferred form the client instruction sheet provided by you in this matter. An email has also been sent to the Registration
Clerk with regard to the filing of the Court Documents along with the relevant supporting documents with regard to the
matter pertaining to the divorce of our client Maria Rodriguez is concerned. The Registration Clerk has been properly
briefed about the objectives of the documents along with the aspect that the hard copies of the documents would be filed
instead of the filing to be done in an electronic manner accordingly. The Registration Clerk has also been informed
about the fees for the application for divorce to be filed in the Federal Circuit Court of Australia as per the jurisdictional
aspect. The form regarding the application for divorce is attached herewith for your reference in order to check in a
proper and appropriate manner. It would be extremely grateful on your part if you could check the errors in the form
and provide the appropriate feedback in order to make the changes and address the issues in the desired manner so that
the application is filed in a timely manner thereby implying the comprehensive solution for our client Maria Rodriguez.
Any feedback provided by you at the earliest possible time would be quite vital.
Kind Regards,
XYZ
Assessment Event 3
TIMESHEET
Matter: Application for marriage certificate Matter no.: 2016: AC 8118
Attendance on: Please Insert
Attendance by: Please Insert
Date: Please Insert Time: Please Insert Duration: Please Insert

Details:
As the marriage took place in Sydney, New South Wales, the marriage certificated would be obtained by the New South
Wales Registry of Births, Deaths and Marriages. Such an authority is the appropriate supplier for the marriage
certificate in question as far as the jurisdiction is concerned. The address of the supplier is 35 Regent Street,
Chippendale, NSW 2008. The application for the marriage certificate can be made by post, going to the designated
service centre personally or online thereby paying the requisite fees and charges accordingly. The details of the
marriage of both the spouses are required along with their present contact details and the documents related to personal
identification. The credible evidence with regard to the permission to obtain marriage certificate is also essential along
with the payment details. The marriage has to be registered in accordance with the laws of New South Wales. The letter
implying the reason for the requirement of marriage certificate is to be submitted on behalf of solicitor along with the
details such as the identification card or practicing certificate of the solicitor in addition to the details of the payment
made. The time relating to the processing of the marriage certificate commences once the application in the correct
form is received. Longer timelines would be implied if the documents in the application are not in the desired manner,
messed up or the forms are not correctly filled. The factors relating to the loads and volumes of applications also
influence the timelines of obtaining marriage certificate. If the applicant is born in Australia, an Australian birth
certificate would be required in the form of documentation. If not born in Australia, then the documentation with regard
to the status of immigration is to be furnished accordingly. Additionally, the identification documents would also
include a passport along with any document such as health care or tertiary education details accordingly. If the
application is made in person, the standard time would be one working day. In this regard, there are no priority times. If
the application is made online, then the standard time would be twelve working days and priority time would be eight
working days. If the application is made by post, then the standard time would be sixteen working days and priority
time would be fifteen working days. If the application is made by the designated agents, then the standard time would
be twelve working days and priority time would be nine working days.
XYZ
Letter to client
Our ref:2016: AC 8118
Your ref: Please Insert
Please Insert
To
Rose Ashbury
12 A Street
Azure Beach NSW
Dear Rose
RE: Letter to client regarding supplier’s fees
This letter is regarding the fees that would be charged by the supplier for your marriage certificate to be obtained by
you. The fees prescribed by the Government of New South Wales in this regard are fifty eight dollars for a standard
marriage certificate. If you want that your certificate is to be processed on a priority basis, then an additional amount of
twenty seven dollars would be levied upon. As a result, you can decide upon whether you want to avail the services on a
standard basis or a priority basis since it is observed the there is no urgency in relation to the matter to be filed.

Yours faithfully
X Y Z
L E G A L A S S I S T A N T
L e i g h t o n + C o s t e l l o L a w y e r s
Covering letter for marriage certificate application
Our ref:2016: AC 8118
Your ref: Please Insert
Date: Please Insert
To
The Supplier
35 Regent Street
Chippendale NSW 2008
Dear Sir/Madam
RE: Application for marriage certificate
This letter is focused on the aspect relating to the application of marriage certificate for Rose Ashbry, a client of us.
Such a marriage certificate is needed with regard to the filing of application for divorce of Rose Ashbry with her
husband George Paul Knight. The marriage took place on 25th April 2002 at Sydney. Our client presently resides in
Azure Beach, New South Wales. It would be grateful on your part if the needful is done from your end so that the
application for divorce at the Federal Court of Australia can be processed further in the desired manner. It would help
our client Rose Ashbry to comprehend upon her case in a proper and appropriate manner as far as divorce with her
husband George Paul Knight is concerned.
Yours faithfully
X Y Z
L E G A L A S S I T A N T
L e i g h t o n + C o s t e l l o L a w y e r s
Encl. Application form for marriage certificate

Memo to solicitor
Our ref:2016: AC 8118
Your ref: Please Insert
Date: Please Insert
Andrea Chung
Leighton and Costello Lawyers
Dear Andrea
RE: Letter for the review of the documents
This letter implies the documents pertaining to the matter which are to be reviewed by you in a proper and appropriate
manner before the filing of the application in order to obtain and procure the marriage certificate for our client Rose
Ashbury. It would be extremely grateful if you can look for the errors made in the documents enclosed so that they can
be rectified at the earliest and submitted subsequently as far as the procurement of marriage certificate in a timely
manner is concerned. As a result, the unreasonable delays for the procurement of marriage certificate be Rose can be
avoided and prevented to a great extent.
Yours faithfully
X Y Z
L E G A L A S S I T A N T
L e i g h t o n + C o s t e l l o L a w y e r s
Encl. Application form for marriage certificate, Letter to client and Letter to supplier.