Would you please following all the assessment instruction, make sure the assessment checklist is completed
Assessment Element 3 A, B, C, D cases is in Queensland Australia Do not use American Resources
Please make sure to do A, B, C, D separates do not mix them and mention Assessment A, B, C,D and following all the instruction above Thank you
Satisfy the requirements of Element 3 you are to prepare a range of documents to be included in a portfolio. To assist in completing the documents you are encouraged to review the web links provided for this unit, the resources for element 3, the precedents provided and to undertake individual research where required.
There are four (4) parts to the assessment, parts A, B, C and D. A summary of documents is included at the end of the assessment information to assist you to ensure that all documents have been completed before forwarding them to your teacher.
PLEASE NOTE that all documents must be completed following the precedents provided in the Mt Gravatt Law Centre Precedents (except for Part C where students are required to prepare a bail application using the appropriate court form for their State or Territory).
Scenario
You are employed as a law clerk by the Mt. Gravatt Law Centre in Queensland. You have recently been transferred to the Criminal Law Department. This department has a large legal aid criminal case load. Your supervising solicitor asks that before you commence working on these legal aid files that you familiarise yourself with the Legal Aid Queensland Case Management Guidelines located @: http://www.legalaid.qld.gov.au/about/policies-and-procedures/case-management-standards/pages/case-management-standards-criminal-law.aspx
The solicitor asks you to review the file of an existing client, Peter Jones. Mr. Jones has been charged with an offence of assault occasioning bodily harm after becoming involved in a fight outside a nightclub with Victor Black. The next hearing date is a committal hearing in the Magistrates Court at George St, Brisbane CBD. Peter Jones has instructed that Victor Black started the fight by verbally abusing Peter and then hitting him and that Peter retaliated in self-defence to protect himself. Peter instructs that he punched Victor in the head and this punch broke Victor’s jaw.
Mr. Jones has received a grant of aid in this matter from Legal Aid Queensland.
You note that the following documents are on the file of Peter Jones:
• Charge Sheet detailing the charge against Peter Jones;
• Bail sheet detailing the terms that bail has been granted to Peter Jones;
• Transcript of interview between Peter Jones and Detective Stan Smith of Qld Police conducted 20th March 2013;
• Statement of Peter Jones sworn 20th March 2013;
• Statement of Victor Black sworn 19th March 2013;
• Records from Royal Brisbane Hospital dated 18th March 2013 regarding attendance of Victor Black;
• Statement of Charles Highpower owner of Highpower Nites Nightclub, sworn 19th March 2013;
• Photographs of Victor Black taken 18th March 2013;
• Statement of witness Felicity Goodwill dated 19th March 2013;
• Letter from Mt Gravatt Law Centre to Qld Police requesting documents dated 24th March 2013;
Assessment instructions:
Using the information above you are required to commence the preparation of a draft instruction sheet and index to the brief to counsel to appear on the client’s behalf in a matter.
To assist in completing this assessment you are required to refer to the:
• Legal Aid Queensland Case Management Guidelines
• Resources for Element 3
• The relevant Mt Gravatt Law Centre Precedents
Assessment checklist:
Please ensure you provide the following document/s for this assessment.
• Instruction sheet
• Index to brief
Assessment Task 3 Part B
Prepare the draft letter to the prosecutor incorrect letter format requesting the supply of the material referred to above. ( You will need to create additional details for the client in the letter).
(Please refer to the Mt Gravatt Law Centre precedents to access a letter precedent).
Assessment checklist:
Please ensure you provide the following document/s for this assessment.
• Letter to the Department of Public Prosecutions
.
Assessment Task 3 Part C
For this part of the assessment refer to the details in the telephone call you received in Assessment 2 Part B. You have received a further telephone call from the solicitor, Warren Warrior, who is at the police station. He informs you that he has spent one hour with Mr.Hapless who has been refused bail by the police and who must attend court on the following day to apply for bail.
• Warren Warrior asks you to draft the application for bail using the details which have previously been opened for Mr.Hapless. Your task is to:
• Prepare a draft application for bail in the form required by the court rules in your State or Territory. Brisbane please
• You are required to find the correct bail application form and “create’ a set of particulars for Mr. Hapless to complete this task.
(You are encouraged to refer to the relevant Legal Aid Commission website in your State or Territory, Brisbane the Foolkit, or your State or Territory’s court website to assist you in locating information to complete this task).
Assessment checklist:
Please ensure you provide the following document/s for this assessment.
• Draft application for Bail
Assessment Task 3 Part D.
When Warren Warrior returns to the office you hand him the application for bail for to check. He tells you he has spent a further two hours preparing the matter for court and asks that you draft a file note to note this and record the information on the time sheet. Warren Warrior hands to you a copy of a Costs Agreement and Trust Account Authority signed by Mr. Hapless which you place on the file. The following details are included in the costs agreement.
1. Work will be charged on an hourly basis, not a fixed fee basis;
2. Warren’s hourly charge out rate is $320 + GST;
3. The hourly charge out rate for a paralegal is $140 + GST;
4. The estimated cost of acting on behalf of Mr. Hapless regarding his criminal law matter is between $10,000 and $20,000;
5. If Mr. Hapless was successful in defending a charge against him he may possibly be successful in obtaining an order that between $5,000 and $10,000 of his legal costs be paid by the prosecution;
6. If Mr. Hapless is not successful in defending a charge against him then he might have a costs order awarded against him that may require him to pay between $5,000 and $10,000 legal costs of the prosecution
Warren Warrior attends court on the following day and is successful in his submissions in obtaining bail for Mr. Hapless. He is absent from the office for three hours for his appearance in this matter.
On his return Warren tells you that Mr. Hapless was granted bail on the basis that his mother paid $1,000 to the Court as surety and that Mr. Hapless agreed to return to the Court for the next call overhearing date in one month’s time;
He advises that your task is to prepare:
1. A file note recording what Warren has told you about the bail hearing and the time involved, and recording this information in the time billing sheet;
2. A letter to Mr. Hapless noting the terms on which bail was granted and the date that he must appear back at Court, and enclosing an authority for Mr. Hapless to sign and return so that his doctor can provide information to Warren Warrior about Mr. Hapless;
3. The bill of costs (itemised tax invoice) for the work done on the file for the bail application which is to include the time you spent on the matter from commencement as well as the time the solicitor has spent on the matter;
4. An authority for Mr. Hapless to sign to allow the bill of costs to be paid from the firm trust account.
You should refer to the Mt Gravatt Law Centre Precedents to assist them in the preparation of these documents.
Assessment checklist:
Please ensure you provide the following document/s for this assessment.
• File note
• Letter to Mr. hapless
• Bill of costs
• Authority for Mr.Hapless to allow costs to be drawn
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