INTRODUCTION TO LEGAL STUDIES LSU100
Instructions
This Assignment comprises two compulsory hypothetical problem questions. Each
problem question is worth 15 Marks. You must answer BOTH problem questions.
Problem 1: Suppose you are a Magistrate presiding over the Armidale Local Court. You hear the
facts of a case, which are as follows:
Ms Donna Hughes and her friend often met for coffee and cake in the Paisley Cafe in Armidale. One
morning Donna decided to order some scones with jam and cream to share with her friend while
they both enjoyed their morning coffee. The scones arrived hot and fresh from the oven. Donna
spooned on some jam and some cream and took her first bite, returning the half-eaten scone to the
plate. INTRODUCTIONS TO LEGAL STUDIES LSU100
Donna and her friend were busy in conversation but as she chewed and swallowed her first
bite, she became worried by something unusual that she seemed to have crunched on and
swallowed. Donna looked down to the remainder of the scone on the plate and she was horrified to
see half of a large, dead cockroach embedded in her scone. Donna became immediately ill. She
stood up from her seat and collapsed on the floor. She was rushed to hospital by ambulance
vomiting and in shock.
Donna brought a claim against the owner of the cafe for negligently causing her to suffer the illness
and the complications arising from the nervous shock she endured as a result of the incident. Donna
was successful in her claim in negligence against the café owner. INTRODUCTION TO LEGAL STUDIES LSU100
As the Magistrate, are there any binding and/or persuasive precedents which you could refer to in
your reasons for judgment that would hold the café owner liable for Donna’s illness? If so, what are
they and why would you use them? (Ie, how are the precedent/s that you have used relevant to the
facts of Donna’s case?)
Problem Question 1 relates only to the application of the Common Law and Precedent. You do not need to refer to any
legislation, only case law.
Problem 2: Assume, hypothetically, that the following Act exists:
Armidale National Park (Restriction of Entry) Act 2021 (Cth). Assume also that this Act contains
the following sections:
Long Title: “An Act to restrict traffic in the Armidale National Park for the protection of flora, fauna
and visitors in the park”.
[Assented to 1 June 2021]
3 Objects of Act
The objects of this Act are:
(a) to protect the public and their enjoyment of the park; and,
(b) to protect the unique flora and fauna within the park; and,
(c) to restrict vehicle use within the park.
4 Definitions
In this Act “vehicle” shall include cars, trucks or other means of transport.
5 No Vehicle Permitted
No vehicle shall be permitted entry into the Armidale National Park.
6 Powers of Rangers
A ranger may direct any person in or using a vehicle to leave the park. If that person fails to do so
within a reasonable time, they may be guilty of an offence under this Act.
…
28 Penalties
Any person who uses a vehicle within the Armidale National Park or is directed by a Ranger to leave
the park and does not do so may be guilty of an offence under this Act.
Penalty: $2000 fine and/or imprisonment for up to two years.
The Commonwealth Minister for the Environment in a second reading speech to the Lower House of
Parliament, prior to the enactment of the Armidale National Park (Restriction of Entry) Act, states
the following:
“We have been concerned for some time that the Armidale National Park, which is on Crown Land,
enjoyed each year by thousands of bushwalkers, cyclists and family picnickers, is being ruined by
heavy traffic. This Legislation will restrict vehicular access to the Park so that users of the Park will be
able to continue to enjoy the Park in years to come”.
This Bill passes as the Armidale National Park (Restriction of Entry) Act 2021 (Cth) to commence on 1
June 2021.
Tony, who has been cycling through the park every weekend for the past twenty years, is asked to
leave by a ranger after entering the park on his bike the weekend after the commencement of the
Act. He refuses and is charged pursuant to this Act.
You may assume the dictionary defines the word “vehicle” as:
1. Any receptacle, or means of transport, in which something is carried or conveyed, or travels;
2. A carriage or conveyance moving on wheels or runners.
“Convey” is defined as “to carry or transport from one place to another”.
“Conveyance” is defined as “the means of conveyance, especially a vehicle, a carriage or motor car
etc”.
How might a Magistrate interpret and apply the Armidale National Park (Restriction of Entry) Act
2021 (Cth) in light of Tony’s situation when Tony appears in Court regarding his charge?
You should refer primarily to the modern approach to statutory interpretation noting that the
modern approach ‘is to be preferred’ to any other approach (ie Common Law approaches). Keep in
mind that Section 15AA of the Commonwealth Acts Interpretation Act 1901 provides:
In interpreting a provision of an Act, an interpretation that would best achieve the purpose or object
of the Act (whether or not that purpose or object is expressly stated in the Act) is to be preferred to
each other interpretation.
Problem Question 2 relates only to statutory interpretation. You do not need to refer to any case law, only to the given
portions of the hypothetical Act. You MUST use the modern approach to statutory interpretation and then you should
consider whether a Magistrate would need to go beyond the modern approach and apply any of the common law
approaches to assist in the interpretation. AGLC FORMAT
END OF ASSIGNMENT TASKS