Adminstrative Law
write a modified letter of advice to a client based on the problem scenario provided. avoiding the use oflegal jargon, case names and legislation in the body ofthe letter.
The letter of advice must address the following:
1) Based on the problem scenario, you must provide a comprehensive summary to your client ofthe appropriate non-judicial review steps that were pursued to try and effect a change to the
decision. You must briefly explain to your client, why each ofthese steps failed to obtain a positive outcome. You must provide a logical sequencing ofthe steps that were taken to try and effect a change ofthe decision.
2) Some reference should be made where appropriate to the following:
(i) informal review,
(ii) obtaining reasons, if applicable
(iii) an FOI applications,
(iv) the Ombudsman and
(v) tribunal review.
In addition to the facts forthe scenario, you have been provided with a number of other letters or materials, which you need to consider. You need to determine, howthese letters or statements were obtained and legal support forthis should be provided in your Endnotes. These materials are available on the Assignment page ofvUWS.
If you considerthat some ofthe steps for non-judicial review are not appropriate, then a brief explanation as to why you made this decision should be included in the Endnotes, with references made to the lelevant and appropriate primary and/or secondary sources to support your election.
You must outline the “merits issues”that may have been relevant in terms ofthe avenues of non-judicial reviewthat were pursued. Such issues must be supported by legal references in the
Endnotes. Legal references will include references to the legislative sections, regulations, cases (a brief one line summary ofthe ratio should be included) and where appropriate references to secondary materials.
3) You must also briefly mention) to your client of any other action that may be taken, as all avenues for non-judicial review have failed to provide a positive outcome. You should concisely explain to
your client in plain English the difference between judicial review and merits review , and what remedies are available should such an application be successful. Briefly, explain to your client in plain English what this means forthem in terms of achieving their desired outcome.
4) An outline oftime frames, application fees, flnancial costs and any relevant procedural
requirements should be briefly discussed in the letter. Again legal support forthese statements must be included in the Endnotes.General Guide for Letter of Advice Particular reference must be made to relevant legislative sections, regulations and cases in the Endnotes,
while a summary ofthe effect of such law written in plain English should be included within the letter itself.
The word limit excludes the endnotes. The endnotes should mostly consist of pinpoint references to the relevant legislative sections, regulations, cases and secondary sources. All material must be correctly cited using AGLC.
A brief statement ofthe principle oflaw from the cases or other material upon which you are relying may be included in the Endnotes, where you consider a brief explanation should be provided for clarity.
However, such statements should be limited to one concise sentence or quote
