University of New England: Legal Research, Writing and Advocacy

This assignment solution addresses several legal topics, including default speed limits and driving conditions, the enforcement of arbitration awards within different jurisdictions, and the governance of Mawson Base in Antarctica under Australian law. It also examines the Jervis Bay Nuclear Power Plant proposal and the legal challenges surrounding assessable income, specifically focusing on a High Court of Australia case involving Vaughan Rudd Blank and the Commissioner of Taxation. The solution analyzes key legal concepts, relevant legislation, and case law to provide a comprehensive understanding of the issues discussed. The assignment includes detailed explanations, supporting legal references and demonstrates a good understanding of legal research, writing and advocacy.

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ADVANCED LEGAL RESEARCH, LEGAL WRITING AND ADVOCACY
Name: Md Shamsul Alam
Institution: University of New England
Date: 18/03/2019

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Question 1
(a)
In places where there are no speed limit signs drivers should adhere to the default speed
limit and they must drive to the conditions. Various roads such as roads in remote areas and
unsealed roads have no speed signs. There are two kinds of default speed limits in New South
Wales. One is for the urban areas where there is street light and buildings next to the road and the
other one for other roads.1 The default speed limit for roads in non-built-up areas with no speed
limit signs is 100kph.2 Roads in non-built up areas are mostly urban motor ways, rural divided
roads, and undivided rural roads whose sealed pavements are more than 5.6 meters wide.
(b)
The distance covered in one hour is the number indicated on speedometer. For instance, if the
speedometer indicates 80km/h then in 1 hour it will travel 80km. That will be the case given that
all other factors remain constant, including the speed.
1 Redshaw, Sarah. In the company of cars: Driving as a social and cultural practice. CRC Press, 2017.
2 Fletcher, Luke, and Alexander Zelinsky. "Driver inattention detection based on eye gaze—Road event correlation."
The international journal of robotics research 28, no. 6 (2009): 774-801

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Bibliography
Stanojević, Predrag, Dragan Jovanović, and Timo Lajunen. "Influence of traffic enforcement on
the attitudes and behavior of drivers." Accident Analysis & Prevention 52 (2013): 29-38.
Redshaw, Sarah. In the company of cars: Driving as a social and cultural practice. CRC Press,
2017.
Walker, Evan, Claire Murdoch, Patricia Bryant, Ben Barnes, and Bettina Johnson. "Quantitative
study of attitudes, motivations and beliefs related to speeding and speed enforcement." In
Proceedings of the Australasian Road Safety Research Policing Education Conference,
Sydney. 2009.
Fletcher, Luke, and Alexander Zelinsky. "Driver inattention detection based on eye gaze—Road
event correlation." The international journal of robotics research 28, no. 6 (2009): 774-
801.
World Health Organization. "Speed management: a road safety manual for decision-makers and
practitioners." (2008).

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Question 2
Process of enforcing arbitrator’s award
Arbitration award enforcement method is dependent on jurisdiction. For instance, in a
common law jurisdiction, a party is basically expected to start a legal action for an arbitration
award to be enforced as a contract.3 Several statutory arbitration jurisdictions establish a
technique for arbitration award enforcement. It might generally involve seeking award’s
recognition and approval by the court. Different jurisdiction requirement is to have registration
of arbitration awards with the judicial service to get assistance of the court in enforcement. The
award holder is required to make a filing of the award with the court’s office clerk. After that the
clerk will go ahead to organize judgment order certification to be signed by a judge. When judge
has already put his or her signature to certify the order, it can be enforcement in a similar way as
a judgment.4 After the award confirmation, it is reduced to an enforceable judgment. The
winning party can therefore enforce it in a court similar to any other judgment.
After the winning party receives a judgment from the arbitration award, it can wait for
compliance by the losing party or might seek an execution order from the court. An enforcement
order gives a law enforcement officer the mandate to seize debtor’s property.5 The order can be
3 Sabin, Cameron L. "The adjudicatory boat without a keel: Private arbitration and the need for public
oversight of arbitrators." Iowa L. Rev. 87 (2001): 1337.
4 Choi, Susan. "Judicial Enforcement of Arbitration Awards Under the ICSID and New York Conventions."
NYUJ Int'l L. & Pol. 28 (1995): 175.
5 Choi, Susan. "Judicial Enforcement of Arbitration Awards Under the ICSID and New York Conventions."
NYUJ Int'l L. & Pol. 28 (1995): 175.

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directed or executed within a state in any county. In case, enforcement is sought against property
in a different state from which the judgment was made, it will be governed by the statute of that
other state on foreign judgment execution. Different states use Uniform Enforcement Act
version. As provided in section (2) of the uniform enforcement act, the successful party
(judgment creditor) makes a judgment registration through its authentic copy in the other state’s
court. Just after the registration has been made, an enforcement officer can be directed to attach
any of the loser’s available property.6 The property cannot be sold before a final judgment is
made by the new court. For that to happen, a hearing might be necessary. Where the judgment
debtors have refused to respond to a court’s personal jurisdiction an automatic entry of final
judgment is possible.7 Also a final judgment might be automatic where there is no possibility of a
personal jurisdiction, after the judgment debtor is mailed by the court of the enforcement
proceedings.
6 Ungar, Kenneth T. "The enforcement of arbitral awards under UNCITRAL's Model Law on International
Commercial Arbitration." Colum. J. Transnat'l L. 25 (1986): 717.
7 Kaden, Lewis B. "Judges and Arbitrators: Observations on the Scope of Judicial Review." Colum. L. Rev.
80 (1980): 267.

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Bibliography
Bales, Richard A. "The Employment Due Process Protocol at Ten: Twenty Unresolved Issues,
and a Focus on Conflicts of Interest." Ohio St. J. on Disp. Resol. 21 (2005): 165.
Choi, Susan. "Judicial Enforcement of Arbitration Awards Under the ICSID and New York
Conventions." NYUJ Int'l L. & Pol. 28 (1995): 175.
Kaden, Lewis B. "Judges and Arbitrators: Observations on the Scope of Judicial Review."
Colum. L. Rev. 80 (1980): 267.
Sabin, Cameron L. "The adjudicatory boat without a keel: Private arbitration and the need for
public oversight of arbitrators." Iowa L. Rev. 87 (2001): 1337.
Ungar, Kenneth T. "The enforcement of arbitral awards under UNCITRAL's Model Law on
International Commercial Arbitration." Colum. J. Transnat'l L. 25 (1986): 717.

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Question 3
Mawson Base Governance
AAD of the Department of environment is mandated by the Australian Government to be
responsible for the Mawson station in Antarctica.8 The responsibility involves making sure site’s
heritage values are maintained and that interpretation and presentation of such values is made to
the Australian community. The minister is advised by the Australian Heritage Counsel on
monitoring, conservation, identification, and conservation of heritage. The department also
provides the minister with comments on listed sites management plans.
Additionally, 3 major Australian law pieces are applicable to the Mawson’s heritage
values governance.9 They include the Protection of Movable Cultural Heritage Act 1986, the
Antarctica Treaty (Environment Protection) Ac, and the ………….
The ATEP Act provides that all activities related to Australia carried out in the Antarctica
should be first assessed on their environmental effects. If the minister finds the activity to be
environmentally safe, he provides an authorization in writing for the activity to continue.10 The
minister has the authority to decide on imposing regulations to safeguard the environment and
put into consideration other relevant conditions. Activities that seem to possibly have bigger
impact to the environment will require more detailed assessment.
8 Burton, Michael G. "Special Session 7 Astronomy in Antartica." Proceedings of the International
Astronomical Union 2, no. 14 (2006): 683-685.
9 Crary, A. P. "Antartica." Eos, Transactions American Geophysical Union 40, no. 4 (1959): 331-339.
10 Ahmed, N. A., and R. D. Archer. "Testing of highly loaded horizontal axis wind turbines designed for
optimum performance." Renewable Energy 25, no. 4 (2002): 613-618.

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Bibliography
Ahmed, N. A., and R. D. Archer. "Testing of highly loaded horizontal axis wind turbines
designed for optimum performance." Renewable Energy 25, no. 4 (2002): 613-618.
Burton, Michael G. "Special Session 7 Astronomy in Antartica." Proceedings of the
International Astronomical Union 2, no. 14 (2006): 683-685.
Barrington, Midn. "An Aurora in Antartica." Journal of the Australian Naval Institute 121
(2006): 23.
Collis, Christy. "The Proclamation Island Moment: Making Antartica Australian." Law Text
Culture 8 (2004): 39.
Crary, A. P. "Antartica." Eos, Transactions American Geophysical Union 40, no. 4 (1959): 331-
339.

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Question 4
Jervis Bay Nuclear Power Plant once was suggested to be a nuclear power reactor in the
territory on New South Wales south coast.11 As of 2005, this was the only proposal to be serious
considered and it would have been the first nuclear plant in country. After completion of a
number of environmental studies, tenders were called and assessed twice. However, the
government of rejected to continue with the project.
Legislation to ban development of nuclear power was developed in Queensland during
the year 2007. The same has been duplicated in Tasmania as well. The laws were passed in
reaction to a pro-nuclear position in 2006 by John Howard. A panel of independent nuclear
experts and scientists has been keen on the Switkowski nuclear inquiry findings. It was believed
that the report depended on certain flawed assumptions.12 They demonstrated a bias on nuclear
power regarding health, technological, environmental and economic grounds. Commonwealth’s
official list of radioactive waste storing …………………………………………………......
……………………………………………………….
11 Kara, Sami, Suphunnika Manmek, and Christoph Herrmann. "Global manufacturing and the embodied
energy of products." CIRP annals 59, no. 1 (2010): 29-32.
12 Clifton, Julian, and Bryan J. Boruff. "Assessing the potential for concentrated solar power development in
rural Australia." Energy Policy 38, no. 9 (2010): 5272-5280.

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Bibliography
Bird, Deanne K., Katharine Haynes, Rob van den Honert, John McAneney, and Wouter
Poortinga. "Nuclear power in Australia: A comparative analysis of public opinion
regarding climate change and the Fukushima disaster." Energy Policy 65 (2014): 644-
653.
Clifton, Julian, and Bryan J. Boruff. "Assessing the potential for concentrated solar power
development in rural Australia." Energy Policy 38, no. 9 (2010): 5272-5280.
Evans, Annette, Vladimir Strezov, and Tim Evans. "Comparing the sustainability parameters of
renewable, nuclear and fossil fuel electricity generation technologies." In World Energy
Council for Sustainable Energy, Congress Papers, Montréal 2010, vol. 27, p. 2011. 2010.
Kara, Sami, Suphunnika Manmek, and Christoph Herrmann. "Global manufacturing and the
embodied energy of products." CIRP annals 59, no. 1 (2010): 29-32.
Sovacool, Benjamin K. "Valuing the greenhouse gas emissions from nuclear power: A critical
survey." Energy Policy 36, no. 8 (2008): 2950-2963.

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Question 5
The High Court of Australia in February 2014 determined the case between Vaughan
Rudd Blank vs. Commissioner of Taxation regarding income taxation of assessable income.13
The plaintiff Vaughan Rudd Blank had litigated his former employer Glencore International for
breach of taxing his assessable income. Assessable income according to the Income Tax
Assessment Act 1997 refers to an individual’s normal income and is exempted from taxation.
The High Court ruled that USD160, 033,328 that was paid to the appellant Mr. Blank by
Glencore International was assessable income.14 The court upheld its ruling that the contract and
agreement between the Glencore International and Blank were between the income years of the
appellant from 2007 to 2010. The court differentiated the principal amount paid as assessable
income and not capital gains taking account of the employment agreement and interpretation of
the Income Tax Assessment Act 1997.
The appellant proved to the High Court that he was an Australian citizen and the
assessable income was derived from Glencore International which is fully registered under the
Australian laws. The main distinction between assessable income and statutory income takes into
consideration various interpretations and classification of how income is derived. The assessable
income Blank was claiming was derived from an agreement the appellant had with his employer
under the employee shareholding contract of the company.15 This shows that the appellant was
13 Nordstrom, Robert J. "Income Taxes and Personal Injury Awards." Ohio St. LJ 19 (1958): 212.
14 Ault, Hugh J., and Brian J. Arnold. Comparative income taxation: a structural analysis. Kluwer Law
International BV, 2010.

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not carrying out his business or employment to benefit from capital gains tax exemption but he
was legally entitled to the assessable income.
15 Rudick, Harry J. "Dividends and Earnings or Profits Under the Income Tax Law: Corporate
Nonliquidating Distributions." U. Pa. L. Rev. 89 (2010): 865.