Drafting 506
Not offered in 1997
6 points
* Three 1-hour classes per week
* One
semester
* Clayton
Objectives On completion of this subject students should (1) have developed skills relevant to legal practice by obtaining experience in drafting, that is in the preparation of documents which will, in accordance with the applicable rules of law, record or effect the intention of one or more individuals in relation to a set of circumstances; and (2) have been provided with, by means of a series of practical exercises, an opportunity to utilise and reinforce (a) legal knowledge and understanding obtained in other law subjects; and (b) research and writing skills acquired in other law subjects.
Synopsis A general introduction to the principles and techniques of drafting. The need to consider the circumstances surrounding the transaction for which a document is being drafted. The need to consider the provisions of law that are relevant to the transaction. Incorporation by reference and other short cuts in drafting that are provided for by legislation. The use of precedents. The conventional scheme of selected kinds of documents: for example, a contract for the sale of land, a will, a commercial agreement. The development of skill in drafting through the completion of simple exercises, based on commonly used legal forms and documents, in both litigious and non-litigious areas of practice. The further development of skill in drafting through the preparation of more complicated documents for a variety of conveyancing, commercial and other transactions.
Assessment Tests (held in and out of class): 100%
Texts
Piesse The elements of drafting 8th edn, Law Book, 1991
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