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In Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) 307 ALR 512 at [12] French CJ made the following statement: ‘notions derived from equity have been worked into and become part of the fabric of the common law.. And in light of that, Ashburners metaphors of the common law and equity as two streams which run side by side but do not mingle seems at odds with commonsense and the reality of equity’s influence on the common law.’ Discuss the contemporary nature of the relationship between common law and equity. Tips for Writing a Research Paper Enthusiasm is an important stimulant for legal writing. Your success in study is as much about being engaged with, enthused about and stimulated by the work you are doing as it is a reflection of other considerations. Make sure that you are familiar with the lectures, powerpoints and required reading in the area before you begin your research. This will provide a good basis for further investigation and research. Carefully examine the issues raised in the question and consider your approach. It is important, however, to critically evaluate the issues raised in the question and NOT just restate the law and it is important to take account of what the question is specifically asking you to do. Read the judgment on which the research question is based several times ensuring that you understand the court’s finding and reasoning. Read widely on the topic and issues raised by the question. After you have read a few articles/cases in the area you should start to formulate a structure for your paper. Write down sub-headings and fill in points that might be relevant to those headings. Make sure that the sub-headings develop a coherent response to the issues. Structure is very important in legal writing. Broaden the scope of your research. Remember that you have some fundamental materials within your prescribed texts and the further reading outlined in the study guide topics which provide an excellent basis to start with. Make sure that you are familiar with online research facilities. Make sure that you quote your sources. If another author says it better than you – quote that author. This reveals the scope of your research as well as your capacity to incorporate alternative discussion into your own work. DO NOT PLAGIARISE. Make sure that the footnotes are accurate. Quote all sources. Don’t use footnotes to make points that should be in the text. The primary purpose of the footnote is to provide a source for references made in the text – not to add further discussion that should be in the text Include a detailed bibliography outlining all sources you have used: books, articles, websites, cases etc. The word limit only refers to the text discussion. It does not include the footnotes or bibliography. After you have written your paper (and make sure you leave time to do a few drafts) and formulated your response you will be in a better position to write or rewrite your introduction and conclusion. The introduction should be of high quality because it is the first experience that an examiner has of your writing style and the conclusion should bring together your discussion in a cohesive and powerful manner. Manage your time carefully so that you can submit the assignment by the due time. Your final product may need to pass through several drafts before submission. Ensure that you have time to reread and review your drafts. If you are working in a group remember that ensuring that the assignment is submitted by the due date is the responsibility of each group member. This may require strong management of the group. Set milestones and do not milestones pass without producing the milestone product. Failure to meet a milestone may be the first sign that something is amiss and that intervention is required. Do not leave it to the last minute to address group issues. Do not allow group issues to jeopardise submission. If the group is not working please resolve the issue prior to submission.

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