BUILT ENVIRONMENT LAW & ETHICS ASSESSMENT TASK (Group) - LEGAL REPORT (CASE NOTE)
REQUIREMENTS:
Draft a Case Note concerning the decision of the Queensland Court of Appeal in Grocon Constructions (Qld) Pty
Ltd v Juniper Developer (No 2) Pty Ltd [2015] QCA 291 (which is available via UTS Online in the Reading
Materials for Week 8). The Case Note must be concise, methodical and analytical and cover the following:
1. Summarise the material facts (i.e. parties to the dispute and fact scenario underlying the case)
2. Identify the main issues considered by the court
3. Identify the outcome of the court's decision (i.e. orders / result for parties)
4. Summarise the prior history of the case in any lower court(s)
5. Identify and discuss the court's legal reasoning underpinning the decision (i.e. ratio decidendi, obiter dicta of majority as well as key points of dissent). Include discussion of any previous seminal cases relevant to the legal reasoning.
6. Discuss and analyse the impact of this decision on the relevant aspects of Australian law.
7. Identify and discuss the practical consequences arising from the decision for design, construction and property professionals and their obligations to clients.