Free Legal Essay Marking!

[Nicki]

thank you so much for the feedback!

Hi there! I'll jump on this now

I'll pop it in a spoiler here with my comments written in bold throughout This doesn't need 5 posts to qualify because it is just a paragraph

Spoiler

Changing societal values, greater acceptance and reduced stigma pertaining to same sex relationships has been effectively responded to by both I would switch this around and say the legal and non-legal responses have responded to the values, acceptance and reduced stigma. So the section I crossed out, I would swap for the words "prompting effective change in..." Or, you can just rearrange the sentence to suit your style legal and non legal responses to a large extent. Although, the community specify which community you are referring to experiences conflicting views on the family matter as the nature of homosexuality can clash with cultural and religious beliefs, which has been restricting on the law meeting the needs of those in same sex relationships. we have witnessed this as these couples still face inequality when it comes to legal marriage where the statute of the Marriage Amendment Act (2004) cth by the John Howard government reinforced the notion displayed in the Marriage Act (1961) cth and the Hyde v Hyde and Woodmansee (1866) defines marriage as only between a man and a woman. This is a really long sentence, so definitely consider splitting it up into two or three smaller ones. Later on in your body paragraphs, make sure you give specific examples of how the religious views affects law. For example, the current federeal party's stance towards a plebiscite, and you can also include various quotes from parliamentarians or other law-making figures who have commented on their views of marriage equality in legislation.Nevertheless, the discrimination and oppression of same sex couples as previously derived from not just the law but other aspects of society has been effectively responded to by extensive law reform including the same sex relationships (equal treatment in commonwealth laws - general law reform) act 2008 cth amending 85 laws that held discrimination against same sex couples. Law reform has evolved an enormous amount to assist in protecting the rights of same sex couples as well as changing values within society. I tend to think that because your initial judgement is that the law reform is effective, that you should put this last section of the paragraph before the marriage equality section. And then bring in the marriage equality section with something like, "the greatest area of potential reform in public discussion at the moment is marriage equality..." You won't have to put in the legislation or the Hyde case in the introduction this way, because it will be left like a teaser for what is yet to come in your body paragraph. I'm indifferent towards using legislation in your introduction, I don't see it is a wrong or right thing to do!

You've really given yourself a lot of scope for your essay here which is great! With some small adjustments, I think you've got a lot of great stuff happening here! I mean, you've not only made a great thesis by focusing on the idea of reform (so important for this same sex relationship topic, because the developments can be mapped on a historical timeline), but you've also clearly outlined where you will be going with this essay, which gives it awesome strength. If I were you, I'd be really proud of this! Great effort!

[jamonwindeyer]

hey, can you please mark these /25 ! currently struggling a lot in legal just need some thorough feedback please !

Hey again Tahmina! And now, feedback on your shelter essay. Keep in mind I didn't do this Option so take my feedback with a grain of salt 

Spoiler

To what extent is the law effective in protecting those seeking shelter and providing shelter?

The Australian legal system seeks to provide protection for all parties involved in ensuring its moral obligation to shelter. The United Nations declaration of Human rights states under article 25 that ‘everyone has right to shelter’. Through addressing Australia’s legal and non-legal responses to affordability and homelessness, it is justifiable that the abundance of responses must continue to improve in order to provide protection for those seeking and providing shelter. Solid introduction, works well! I'd like to see you give a brief list of some of the responses, just to set up the essay a little better.

With the rising vote of renters in todays society in response to the lack of affordability of housing the introduced residential tenancies act 2010 is extremely effective in balancing the rights of tenant and the landlords so as the achieve justice outcomes between the two parties. Remember to introduce your paragraphs properly, and ensure legislation is capitalised. However, nice evaluative statement! WHY is it effective though? Viable option is to rent, which involved a fixed payment for a certain period of time to use a landlord’s space. The marker knows their stuff; you don't need to define terminology in your body in this manner. In the 2015 article Sydney landlord ordered to pay 11,000 to tenant because of chain smoking neighbor. 11,000 what? Ensure that you are communicating ideas clearly to your reader. Tenancy exists when a tenant pays the landlord to occupy the landlord’s premises for a set period of time. This is regulated by the residential tenancies act 2010, which prior to this was the residential tenancies act 1987, which provided solutions on domestic violence and provision of termination by tenants. We haven't been evaluating in a while: You should constantly be referencing the effectiveness/ineffectiveness and making judgements!! Tenancy law reform I often addressed as a question of ‘balancing’ the interests of landlords and tenants, which has strict obligations and rights for renters and sellers. Never use "I" in an essay: Academic writing must avoid personal language like this. Tenants landlords are entitled to raise rent price, notify tenants if they require the property and also change and repair property. Obliged to ensure a clean environment and must notify tenant 60 days before raising the rent and terminating the tenancy. It seems like you are communicating in extended dot point form: Try to ensure all sentences are formed fully. Evident in the Toni Collette case where the vendor was not protected, the actress backed out in purchasing the 6.35 million home the day it was due. Ensure each paragraph is concluded!

In addition rights to tenants include the residential tenancy agreement which is condition report completed by the landlord and the nsw fair trading new tenant checklist. NSW civil and tenancy tribunal 2014, is the key dispute resolution mechanism that provides a cost efficient alternative to overcrowded courts system. Be sure to always be evaluating the responses you are mentioning as you go: Are they effectively addressing issues? 67 branches across NSW according the NSW Civil and Tenancy Tribunal Annual Report received 65000 complaints and heard 75000 hearings. Further protection is provided to landlords and tenants under the Landlord and Tenant (rental bonds) act 1977, this is a bond paid by tenants as a form of security. However the law has reformed and made Bonds lone through pay online device. In the Bhatt vs. Skyton case 2009 there was an issue when the bond was not covered. What is the consequence of this case? Renting over the long run will cost more than the purchasing of a home. The responsiveness to this issue protects the respective rights of those seeking and providing shelter.

62% of Low-income Australian households are experiencing housing stressed due to high interest rates and expensive home loans. The commonwealth govt is providing “private rental assistance through Centre link, that is 30% of the Australian Population to ensure equity for those seeking shelter. Good statistics. The National Agreement on Housing Affordability invested in 800$ million to provide for those low-middle income owners, to also ensure equity for people seeking shelter. in 2012 the Wesley Shelter housed 162 women and children in their safe house to provide for those who are in low in come budget. The average length of stay was provided for 32 days. In 2016 the greens are building ‘9 point’ plans to address housing crisis. These are great facts/stats to include, but you aren't really doing anything with them, they aren't supporting an argument!

The State Gov response through the First Home buyers Grant, regulated under the First Home Owner Grant 2011 seeks to provide protection and meet society’s need through 15000$ grant. Don't use colloquial expressions like "gov" in your essay: Keep everything nice and formal. Prior to 2012’s 7000$, which highlighted issues further as house prices have risen 147% in the last 10 years. Through the article ‘First Home Buyers Pushed Out’ highlighted the decrease number of applicants of the first homeowners grant due to rising home loans and costs and increasing housing prices on new houses. Thus showing ineffectiveness of the responses? Conversely the article, ‘2014 the best year for home buyers in a decade’ contradicts this indicating that low interest rates and higher wages will increase the chances of people purchasing homes at an affordable price. The effectiveness of the NGO’s ‘Shelter NSW and Housing Stressed protects individuals from the rights of those seeking shelter through campaigns and media releases. The protection of those seeking shelter is still under the way of complete protection.

In saying this if the affordability program and renting are insufficient, homelessness may be the result. The widened definition of homelessness and topical debate on Homelessness Bill 2013 has highlighted the severity of Australia’s Homelessness problems. About 105000 homeless people in NSW, which 28000 are rough sleepers, is an overwhelming statistics inevitable highlight the insufficiency of the law in protecting those seeking shelter. This is the kind of statement I want more of, you are using an example to make an argument about the legal system! Great! However 2008 federal Govt revealed The Road To Home Report highlighting homelessness as a national issue and provided 6.2billion towards homelessness and half homelessness by 2020. Thus showing/highlighting what?

Legal responses have continued as a result to failures of existing Laws in ensuring protection of those seeking shelter.  This topic is about NON legal responses, so ensure that your introduction matches that. In 2014 Budget cut funding by 245million to homeless programs, which caused widespread media attention and outcry. As a result of NGOS Anglicare Australia publicly sided with the Greens proposal to construct factory style apartments to provide for the 28000 rough sleepers who are in need of homes in NSW. Also St Vincent De Paul has assisted in providing Crisis accommodation to thousands of people each night ensuring equity for those seeking shelter, also the St Vinnie CEO Sleep out in June raised millions of dollars to assist those homeless and targeted the Govt to make homelessness a national issue. Through the article “teen homelessness more than doubles” states the household wealth has trebled since 1996 and there are now 22000 12-18 year olds homeless. There is a Funding homelessness services committed to doubling the federal funding for homelessness services at a cost of 507million$ a year, and to signing a new 10 year national partnership agreement on homelessness. Such responses have been effective to an extent, the issue of homelessness continues to resonate over time and is problematic when attempting to ensure protection for those seeking shelter. A great conclusion here!! However, the evaluation has not been sustained throughout the paragraph.

As such the legal and non-legal responses to shelter concerns in Australia has placed emphasis on the issues. The Protections to those providing and seeking shelter are still developing and are crucial in Australia’s legal system, In order to meet the needs of society and Australia’s international and moral obligation to provide shelter. 

My comments for this essay are very similar to those for your Family essay 

Here is something to consider; the question asks us to analyse "to what extent" the legal system is effective in this particular area of the law. Thus, it is up to you to make a judgement of effectiveness; good bad or ugly. The key to a good legal essay is supporting your judgement with evidence. So, you need to use cases, laws, statistics, etc to prove to the marker that the legal and non legal responses are effective. Or ineffective. Or anywhere in between 

Right now, you are doing what I would call content vomit. You are just popping heaps of stuff in the response, but not much thought is going to structure, expression, or answering the question. You have an amazing box of evidence, but you aren't unpacking that box effectively.

I want you to work on using each example to make a point. Does it show something effective about the legal system? Does it show a limitation? Every case, law, report, stat, etc that you include should have a purpose. Take some time to develop and organise your ideas using the awesome set of evidence you have. I hope this helps! 

[tahmina]

hahaha ! thank you heaps, i know there would be a lot of faults,  >:(legal isn't my biggest strength !

[jamonwindeyer]

hahaha ! thank you heaps, i know there would be a lot of faults,  >:(legal isn't my biggest strength !

That's all good!! You definitely have a great bank of knowledge, it's all now in just what you do with that knowledge and that is something that comes with practice, keep working and keep getting feedback and you will get there! 

[Essej]

Hey Mods!

Just for something a little different, i've written an essay on shelter in preparation for trials from a past paper, just to try and get a feel for the sort of language used in this topic.

I understand none of the mods did shelter as an elective, but it's been a while since i've written a legal essay and would appreciate some general feedback! No rush as it is just revision.

The question is "Evaluate the role of the law in enforcing the rights and obligations of landlords and tenants"

Thanks in Advance ! 

Spoiler

Evaluate the role of the law in enforcing the rights and obligations of landlords and tenants (25 marks)

The process of leasing shelter is one which raises a plethora of issues in regards to the legal protection of the respective rights of landlords and tenants. The law makes concerted efforts to amend violations of such rights through the provision of legislative obligations under the Residential Tenancies Act 1987 (NSW). The landlord and tenant relationship is protected to a largely successful extent under existing legal framework through both law reform and the creation of dispute resolution mechanisms. It is through the structured resolution of inequities faced through issues such as termination, damages and repairs by courts and tribunals that the rights of each party are effectively enforced. Thus, despite limitations, the enforcement of the rights and obligations of landlords and tenants bound by parliamentary legislation primarily ensures that justice prevails.

The owners of rental properties, or landlords, are effectively bound and protected by the law in the arrangement and maintenance of leasing agreements. The Residential Tenancies Act (RTA) 1987 (NSW) makes clear the obligations of the landlord in regards to providing copies of the tenancy agreement to the tenant and to keep the premises in reasonable repair. Further, stated obligations that the landlord must provide locks and quiet enjoyment of vacant premises enforce the later Privacy Act 1988 (Cth) in protecting the tenant's right to both privacy and safety. Through these prescribed responsibilities, the law effectively fosters a prosperous tenancy arrangement that protects both parties to a leasing agreement by preventing unhealthy imbalances in power by the lessor. In order to protect the right of the landlord to a premises free of damages, the legal system ensures that bonds lodged with the Rental Bond Board may be utilised for repairs, pursuant to the Landlord and Tenant (Rental Bonds) Act 1977 (NSW). This further allows for the achievement of justice through protecting property value whilst impartially preventing the landlord from using the bond for their personal needs, thus protecting the tenant. A practical application of such tenancy disputes was evidenced in Bhatt v. Skyton Holdings Pty Ltd (Tenancy) 2009 wherein the NSW Civil and Administrative Tribunal (NCAT) held that damage done to the property by Bhatt was sufficient grounds for the landlord to use Bhatt’s rental security ($822) to repair the property. Breaches of the RTA by the tenant in this case successfully yielded justice for the landlord and thus safeguarded their right to use rental security to preserve the value of the premises. Overall it is clear that the rights and obligations of landlords are sufficiently encompassed by the law.

Through law reform, occupants of rental property are equally accounted for by the legal system, provided compliance is made with legislation. The RTA Amendment in 2010 modernised and updated the law in line with current practices, reducing dispute levels through a greater clarity in laws. In regards to termination, landlords must provide 90 days of “without grounds” notice to a tenant in periodic tenancy, an increase of 30 days from the previous act. This just outcome allows for a greater time period by which the tenant can organise alternate shelter. Whilst legislation does not exist to protect the right to shelter, it is indisputable that in allowing for greater leniency the law enforces its responsibility to provide shelter to the greatest extent under the current legal framework. The tenant's right to appeal a ‘without grounds’ termination notice to the supreme court, as stipulated under the original RTA legislation, was demonstrated in Roads and Traffic Authority v. Joy Swain and Terence Gold (1997). The use of judicial discretion in taking into account the “circumstances of the case” fairly balanced the rights of the tenant and the landlord’s right to issue “without grounds termination”. Evident here is the limitation of the legal system in achieving just outcomes for all parties to a tenancy dispute as the tenants were forced to find alternate accommodation. Further legislative protection under the RTA reforms hold that a landlord must not unreasonably withhold consent to a fixture/alteration of minor nature such as a hook. Brought about by growing concerns surrounding the safety of women in response to emergency domestic violence issues (by which women could change locks if required), the law effectively enforces the obligations of landlords in order to protect the tenant’s right to safety. Evidently, the law plays a significant role in the maintenance of tenancy obligations and rights.

The creation of dispute resolution mechanisms provides a successful avenue for the protection of both landlord and tenant rights through heightened accessibility and resource efficiency. Provided for under the Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), NCAT is the primary body dealing with tenancy disputes. With the powers to make legally binding decisions regarding breaches of Residential Tenancy Agreements, the tribunal is an authoritative and ultimately effective measure in ensuring obligations and rights of landlords and tenants are successfully met and enforced. In Rouvellas v. Culley (Tenancy) 2009, NCAT was able to grant tenants ongoing rent reductions and compensation for breaches of their right to safety and to premises in “reasonable repair” pursuant to the RTA. Moreover, NCAT is available in over 10 different languages, reflecting social conditions of multiculturalism that often inhibit the achievement of justice for those leasees from foreign backgrounds. In addition to the residential proceedings fee of only $47, NCAT can be seen as both accessible and cost efficient for those involved in the dispute. Further, resolutions are often found much faster than if disputes were taken to the supreme court, with termination hearings occurring within 3 weeks of applications. It is through such judicial measures that the law strongly enforces individual rights to ensure compliance with tenancy regulations.

In summary, the legal enforcement of the rights and obligations of landlords and tenants is largely successful in attaining just outcomes for those involved in leasing agreements. Legislative restrictions and reform implemented by the NSW state government ensure that individuals are able to access the legal system and resolve disputes through NCAT in an efficient and effective manner. Further, under the leasing framework imposed by the RTA, it can be seen that the legal system effectively sets out balanced rights and obligations to ensure a prosperous rental relationship.

[jamonwindeyer]

Hey Mods!

Just for something a little different, i've written an essay on shelter in preparation for trials from a past paper, just to try and get a feel for the sort of language used in this topic.

I understand none of the mods did shelter as an elective, but it's been a while since i've written a legal essay and would appreciate some general feedback! No rush as it is just revision.

The question is "Evaluate the role of the law in enforcing the rights and obligations of landlords and tenants"

Thanks in Advance ! 

Hey Essej! I was wondering when I'd be marking something for you again  I'll do my best given that I didn't do Shelter, it's attached below with comments in bold!!

Spoiler

Evaluate the role of the law in enforcing the rights and obligations of landlords and tenants (25 marks)

The process of leasing shelter is one which raises a plethora of issues in regards to the legal protection of the respective rights of landlords and tenants. The law makes concerted efforts to amend violations of such rights through the provision of legislative obligations under the Residential Tenancies Act 1987 (NSW). The landlord and tenant relationship is protected to a largely successful extent under existing legal framework through both law reform and the creation of dispute resolution mechanisms. It is through the structured resolution of inequities faced through issues such as termination, damages and repairs by courts and tribunals that the rights of each party are effectively enforced. Thus, despite limitations, the enforcement of the rights and obligations of landlords and tenants bound by parliamentary legislation primarily ensures that justice prevails. Great introduction, not much I'd add, think it works excellently!

The owners of rental properties, or landlords, are effectively bound and protected by the law in the arrangement and maintenance of leasing agreements. Be sure that your introductions link to the rights and obligations you talked about in the Thesis, keep the Thesis sustained! The Residential Tenancies Act (RTA) 1987 (NSW) makes clear the obligations of the landlord in regards to providing copies of the tenancy agreement to the tenant and to keep the premises in reasonable repair. Further, stated obligations that the landlord must provide locks and quiet enjoyment of vacant premises enforce the later Privacy Act 1988 (Cth) in protecting the tenant's right to both privacy and safety. Through these prescribed responsibilities, the law effectively fosters a prosperous tenancy arrangement that protects both parties to a leasing agreement by preventing unhealthy imbalances in power by the lessor. Good. In order to protect the right of the landlord to a premises free of damages, the legal system ensures that bonds lodged with the Rental Bond Board may be utilised for repairs, pursuant to the Landlord and Tenant (Rental Bonds) Act 1977 (NSW). This further allows for the achievement of justice through protecting property value whilst impartially preventing the landlord from using the bond for their personal needs, thus protecting the tenant.Great. A practical application of such tenancy disputes was evidenced in Bhatt v. Skyton Holdings Pty Ltd (Tenancy) 2009 wherein the NSW Civil and Administrative Tribunal (NCAT) held that damage done to the property by Bhatt was sufficient grounds for the landlord to use Bhatt’s rental security ($822) to repair the property. Breaches of the RTA by the tenant in this case successfully yielded justice for the landlord and thus safeguarded their right to use rental security to preserve the value of the premises. Overall it is clear that the rights and obligations of landlords are sufficiently encompassed by the law. Not much I can suggest at all in this paragraph, it works extremely well! I do think you could make your expression slightly more succinct by removing some details about the evidence you are presenting, blending things from two sentences into one with some more clever word choice, etc. This would leave room for more of the evaluative analysis style sentences!

Through law reform, occupants of rental property are equally accounted for by the legal system, provided compliance is made with legislation. I think the evaluation in this introduction needs to be a little stronger, make your stance clear! The RTA Amendment in 2010 modernised and updated the law in line with current practices, reducing dispute levels through a greater clarity in laws. Any statistic you have to support that at all? In regards to termination, landlords must provide 90 days of “without grounds” notice to a tenant in periodic tenancy, an increase of 30 days from the previous act. This just outcome allows for a greater time period by which the tenant can organise alternate shelter. Here is an example of something you could streamline: See my chat below. Whilst legislation does not exist to protect the right to shelter, it is indisputable that in allowing for greater leniency the law enforces its responsibility to provide shelter to the greatest extent under the current legal framework. Does the fact that there is no legislation act as a weakness of the legal response? Maybe? The tenant's right to appeal a ‘without grounds’ termination notice to the supreme court, as stipulated under the original RTA legislation, was demonstrated in Roads and Traffic Authority v. Joy Swain and Terence Gold (1997). The use of judicial discretion in taking into account the “circumstances of the case” fairly balanced the rights of the tenant and the landlord’s right to issue “without grounds termination”. Evident here is the limitation of the legal system in achieving just outcomes for all parties to a tenancy dispute as the tenants were forced to find alternate accommodation. Further legislative protection under the RTA reforms hold that a landlord must not unreasonably withhold consent to a fixture/alteration of minor nature such as a hook. Brought about by growing concerns surrounding the safety of women in response to emergency domestic violence issues (by which women could change locks if required), the law effectively enforces the obligations of landlords in order to protect the tenant’s right to safety. Evidently, the law plays a significant role in the maintenance of tenancy obligations and rights. I think this conclusion needs to again link to law reform like your introduction did, it seems a little out of place.

The creation of dispute resolution mechanisms provides a successful avenue for the protection of both landlord and tenant rights through heightened accessibility and resource efficiency. Perfect intro! Provided for under the Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), NCAT is the primary body dealing with tenancy disputes. With the powers to make legally binding decisions regarding breaches of Residential Tenancy Agreements, the tribunal is an authoritative and ultimately effective measure in ensuring obligations and rights of landlords and tenants are successfully met and enforced. Fantastic. In Rouvellas v. Culley (Tenancy) 2009, NCAT was able to grant tenants ongoing rent reductions and compensation for breaches of their right to safety and to premises in “reasonable repair” pursuant to the RTA. Link to effectiveness/ineffectiveness? Moreover, NCAT is available in over 10 different languages, reflecting social conditions of multiculturalism that often inhibit the achievement of justice for those leasees from foreign backgrounds. In addition to the residential proceedings fee of only $47, NCAT can be seen as both accessible and cost efficient for those involved in the dispute. Further, resolutions are often found much faster than if disputes were taken to the supreme court, with termination hearings occurring within 3 weeks of applications. It is through such judicial measures that the law strongly enforces individual rights to ensure compliance with tenancy regulations. Great paragraph, this one was much more succinct and I really like it!!

In summary, the legal enforcement of the rights and obligations of landlords and tenants is largely successful in attaining just outcomes for those involved in leasing agreements. Legislative restrictions and reform implemented by the NSW state government ensure that individuals are able to access the legal system and resolve disputes through NCAT in an efficient and effective manner. Further, under the leasing framework imposed by the RTA, it can be seen that the legal system effectively sets out balanced rights and obligations to ensure a prosperous rental relationship. Great conclusion, again, no suggestions!

A fantastic essay here Essej, not much I can suggest at all because you are doing almost everything right!! Fantastic evidence, fantastic structure, fantastic conceptual drive, fantastic... Well pretty much everything is fantastic!  basically my challenge for you now is to push yourself further. What you are doing works well! But you can work harder to squeeze even more quality out of your word limit 

First, expression. In some cases you spend 2 or 3 sentences explaining something that could take only 1 (at a push). This might be because you are including unnecessary details (particularly for cases). However, it is something that comes with practice!

Here is an example of streamlining expression:

In regards to termination, landlords must provide 90 days of “without grounds” notice to a tenant in periodic tenancy, an increase of 30 days from the previous act. This just outcome allows for a greater time period by which the tenant can organise alternate shelter.

Becomes:

The 30 day increase to the minimum "without grounds" notice period implemented by this amendment grants additional time for tenants to find alternative accomodation, effectively protecting the right to shelter.

About 1/3 of the words were cut there (excuse any incorrect info for the Option), and you can easily bounce to the next piece of evidence. Basically, challenge yourself to be as succinct as possible to make room for more analysis!

Second, make sure your evaluation is made super obvious throughout the response. Every piece of evidence should be evaluated, and should be evaluated in terms of the rights and responsibilities you talk about in your Thesis! The question is evaluate, pretty much every sentence should have that judgemental flavour to it 

Third, media articles!! And also reports, and also international treaties if applicable. More varied evidence would be great!

Finally, in your Thesis you mention limitations. I don't get too much of this in the body. While it's not essential, having two sided arguments played against each other well is a very clever thing and will really stand you out to the marker! Once you make room for more evaluation/analysis, maybe try mixing it up a little! Develop a broader view of the issue with some negatives! 

In reality though, not much I can suggest. You're definitely still on track to smash Legal Studies with essays like this, great work!! Sorry my feedback isn't as thorough as usual, Shelter does seem like an interesting option! 

[Essej]

Hey Essej! I was wondering when I'd be marking something for you again  I'll do my best given that I didn't do Shelter, it's attached below with comments in bold!!

Spoiler

Evaluate the role of the law in enforcing the rights and obligations of landlords and tenants (25 marks)

The process of leasing shelter is one which raises a plethora of issues in regards to the legal protection of the respective rights of landlords and tenants. The law makes concerted efforts to amend violations of such rights through the provision of legislative obligations under the Residential Tenancies Act 1987 (NSW). The landlord and tenant relationship is protected to a largely successful extent under existing legal framework through both law reform and the creation of dispute resolution mechanisms. It is through the structured resolution of inequities faced through issues such as termination, damages and repairs by courts and tribunals that the rights of each party are effectively enforced. Thus, despite limitations, the enforcement of the rights and obligations of landlords and tenants bound by parliamentary legislation primarily ensures that justice prevails. Great introduction, not much I'd add, think it works excellently!

The owners of rental properties, or landlords, are effectively bound and protected by the law in the arrangement and maintenance of leasing agreements. Be sure that your introductions link to the rights and obligations you talked about in the Thesis, keep the Thesis sustained! The Residential Tenancies Act (RTA) 1987 (NSW) makes clear the obligations of the landlord in regards to providing copies of the tenancy agreement to the tenant and to keep the premises in reasonable repair. Further, stated obligations that the landlord must provide locks and quiet enjoyment of vacant premises enforce the later Privacy Act 1988 (Cth) in protecting the tenant's right to both privacy and safety. Through these prescribed responsibilities, the law effectively fosters a prosperous tenancy arrangement that protects both parties to a leasing agreement by preventing unhealthy imbalances in power by the lessor. Good. In order to protect the right of the landlord to a premises free of damages, the legal system ensures that bonds lodged with the Rental Bond Board may be utilised for repairs, pursuant to the Landlord and Tenant (Rental Bonds) Act 1977 (NSW). This further allows for the achievement of justice through protecting property value whilst impartially preventing the landlord from using the bond for their personal needs, thus protecting the tenant.Great. A practical application of such tenancy disputes was evidenced in Bhatt v. Skyton Holdings Pty Ltd (Tenancy) 2009 wherein the NSW Civil and Administrative Tribunal (NCAT) held that damage done to the property by Bhatt was sufficient grounds for the landlord to use Bhatt’s rental security ($822) to repair the property. Breaches of the RTA by the tenant in this case successfully yielded justice for the landlord and thus safeguarded their right to use rental security to preserve the value of the premises. Overall it is clear that the rights and obligations of landlords are sufficiently encompassed by the law. Not much I can suggest at all in this paragraph, it works extremely well! I do think you could make your expression slightly more succinct by removing some details about the evidence you are presenting, blending things from two sentences into one with some more clever word choice, etc. This would leave room for more of the evaluative analysis style sentences!

Through law reform, occupants of rental property are equally accounted for by the legal system, provided compliance is made with legislation. I think the evaluation in this introduction needs to be a little stronger, make your stance clear! The RTA Amendment in 2010 modernised and updated the law in line with current practices, reducing dispute levels through a greater clarity in laws. Any statistic you have to support that at all? In regards to termination, landlords must provide 90 days of “without grounds” notice to a tenant in periodic tenancy, an increase of 30 days from the previous act. This just outcome allows for a greater time period by which the tenant can organise alternate shelter. Here is an example of something you could streamline: See my chat below. Whilst legislation does not exist to protect the right to shelter, it is indisputable that in allowing for greater leniency the law enforces its responsibility to provide shelter to the greatest extent under the current legal framework. Does the fact that there is no legislation act as a weakness of the legal response? Maybe? The tenant's right to appeal a ‘without grounds’ termination notice to the supreme court, as stipulated under the original RTA legislation, was demonstrated in Roads and Traffic Authority v. Joy Swain and Terence Gold (1997). The use of judicial discretion in taking into account the “circumstances of the case” fairly balanced the rights of the tenant and the landlord’s right to issue “without grounds termination”. Evident here is the limitation of the legal system in achieving just outcomes for all parties to a tenancy dispute as the tenants were forced to find alternate accommodation. Further legislative protection under the RTA reforms hold that a landlord must not unreasonably withhold consent to a fixture/alteration of minor nature such as a hook. Brought about by growing concerns surrounding the safety of women in response to emergency domestic violence issues (by which women could change locks if required), the law effectively enforces the obligations of landlords in order to protect the tenant’s right to safety. Evidently, the law plays a significant role in the maintenance of tenancy obligations and rights. I think this conclusion needs to again link to law reform like your introduction did, it seems a little out of place.

The creation of dispute resolution mechanisms provides a successful avenue for the protection of both landlord and tenant rights through heightened accessibility and resource efficiency. Perfect intro! Provided for under the Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), NCAT is the primary body dealing with tenancy disputes. With the powers to make legally binding decisions regarding breaches of Residential Tenancy Agreements, the tribunal is an authoritative and ultimately effective measure in ensuring obligations and rights of landlords and tenants are successfully met and enforced. Fantastic. In Rouvellas v. Culley (Tenancy) 2009, NCAT was able to grant tenants ongoing rent reductions and compensation for breaches of their right to safety and to premises in “reasonable repair” pursuant to the RTA. Link to effectiveness/ineffectiveness? Moreover, NCAT is available in over 10 different languages, reflecting social conditions of multiculturalism that often inhibit the achievement of justice for those leasees from foreign backgrounds. In addition to the residential proceedings fee of only $47, NCAT can be seen as both accessible and cost efficient for those involved in the dispute. Further, resolutions are often found much faster than if disputes were taken to the supreme court, with termination hearings occurring within 3 weeks of applications. It is through such judicial measures that the law strongly enforces individual rights to ensure compliance with tenancy regulations. Great paragraph, this one was much more succinct and I really like it!!

In summary, the legal enforcement of the rights and obligations of landlords and tenants is largely successful in attaining just outcomes for those involved in leasing agreements. Legislative restrictions and reform implemented by the NSW state government ensure that individuals are able to access the legal system and resolve disputes through NCAT in an efficient and effective manner. Further, under the leasing framework imposed by the RTA, it can be seen that the legal system effectively sets out balanced rights and obligations to ensure a prosperous rental relationship. Great conclusion, again, no suggestions!

A fantastic essay here Essej, not much I can suggest at all because you are doing almost everything right!! Fantastic evidence, fantastic structure, fantastic conceptual drive, fantastic... Well pretty much everything is fantastic!  basically my challenge for you now is to push yourself further. What you are doing works well! But you can work harder to squeeze even more quality out of your word limit 

First, expression. In some cases you spend 2 or 3 sentences explaining something that could take only 1 (at a push). This might be because you are including unnecessary details (particularly for cases). However, it is something that comes with practice!

Here is an example of streamlining expression:

In regards to termination, landlords must provide 90 days of “without grounds” notice to a tenant in periodic tenancy, an increase of 30 days from the previous act. This just outcome allows for a greater time period by which the tenant can organise alternate shelter.

Becomes:

The 30 day increase to the minimum "without grounds" notice period implemented by this amendment grants additional time for tenants to find alternative accomodation, effectively protecting the right to shelter.

About 1/3 of the words were cut there (excuse any incorrect info for the Option), and you can easily bounce to the next piece of evidence. Basically, challenge yourself to be as succinct as possible to make room for more analysis!

Second, make sure your evaluation is made super obvious throughout the response. Every piece of evidence should be evaluated, and should be evaluated in terms of the rights and responsibilities you talk about in your Thesis! The question is evaluate, pretty much every sentence should have that judgemental flavour to it 

Third, media articles!! And also reports, and also international treaties if applicable. More varied evidence would be great!

Finally, in your Thesis you mention limitations. I don't get too much of this in the body. While it's not essential, having two sided arguments played against each other well is a very clever thing and will really stand you out to the marker! Once you make room for more evaluation/analysis, maybe try mixing it up a little! Develop a broader view of the issue with some negatives! 

In reality though, not much I can suggest. You're definitely still on track to smash Legal Studies with essays like this, great work!! Sorry my feedback isn't as thorough as usual, Shelter does seem like an interesting option! 

Thanks once again Jamon! I understand you've been flooded with essays in english and legal and really appreciate you getting back to me so quickly!

I was really annoyed by the prescribed question :3 there were few media articles I could find and that made it harder for me to discuss limitations through no real media coverage of "legal failure to protect rights/obligations as such". I guess that comes with more research - i'll definitely have the full array of LCMs in my final response for you 

I'll definitely work harder to incorporate my thesis in my topic sentences (and sustain that specific one throughout the response) and be extra judgemental at every possible opportunity - thanks for alerting me to that

As always, cheers Jamon!

[jamonwindeyer]

Thanks once again Jamon! I understand you've been flooded with essays in english and legal and really appreciate you getting back to me so quickly!

I was really annoyed by the prescribed question :3 there were few media articles I could find and that made it harder for me to discuss limitations through no real media coverage of "legal failure to protect rights/obligations as such". I guess that comes with more research - i'll definitely have the full array of LCMs in my final response for you 

I'll definitely work harder to incorporate my thesis in my topic sentences (and sustain that specific one throughout the response) and be extra judgemental at every possible opportunity - thanks for alerting me to that

As always, cheers Jamon!

No problem, happy to help! I got lucky with my Options, media articles are easy to find for Family and World Order, if it's just not attainable then ignore me (check with your teacher for confirmation)  but you can definitely look for things like NSW Ombudsman Reports, extra golden nuggets to put in the essay  it's a fantastic essay, but hey I can't say it's perfect, I have to give some feedback right? It's what I'm here for 

[tahmina]

thank you! i just seen this, i know a lot of improvement is needed! but hey it was just a simple try

[shazzzzzz]

Would you be able to look over my assignment? It's not an essay, just 3 short answers...

[elysepopplewell]

Would you be able to look over my assignment? It's not an essay, just 3 short answers...

Sure!

[jamonwindeyer]

Attention! The essay marking requirements have been updated, in effect for every essay posted below this mark  The post exchange rate has now been increased to 15, that is, every piece of feedback is now worth 15 posts. 3 essays marked needs 45 ATAR Notes posts, 10 essays needs 150 posts, etc etc. The full essay rules are available at this link! Thanks everyone! 

[naeza98]

Hi, i was just wondering if you'd be able to comment on my workplace law essay. It's the first essay I've written for workplace and its for an upcoming assessment task. I don't feel as though this essay is up to my usual standard but am having trouble in finding ways to improve. Any comments will be greatly appreciated. The question is "Assess the role of law reform in recognising rights and enforcing responsibilities of both employees and employers. "

Spoiler

Law reform has played an essential role in recognising the rights and enforcing responsibilities of both employees and employers. The law has to a certain extent been effective at achieving the balance between the rights of employees and the obligations of employers as employer must fulfil their workplace responsibilities in order for an employee to enjoy their industrial rights. Therefore it is vital that laws are in place in various aspects of workplace law including unfair dismissal, safety and the right to take industrial action to ensure this balance is met between worker’s rights and an employee’s responsibility to fulfil these rights.

In relation to dismissal in the workplace, law reform has had a mixed effectiveness when protecting the rights of employees and and enforcing the responsibilities of employers. The introduction of the Industrial Relations Act 1996 (NSW) prohibited unfair dismissals and unlawful terminations in the workplace, defining unfair dismissal as a dismissal that is judged to be ‘harsh, unjust or unreasonable’.The act also sets out the provisions by which a dismissal can be regarded as unfair.  By defining unfair dismissal this law reform has significantly increased the rights of employees as it provides them with a legal standard as to when they can be dismissed. Coinciding with this piece of legislation which defines unfair dismissal, is the Fair Work Act 2009 (Cth) under which employees can apply to either the Fair Work Australia (FWA) or the Fair Work Ombudsman if they have been unfairly dismissed. Under the Industrial Relations Act 1996 (NSW) it is the responsibility of the employer to ensure that all dismissals are conducted in a fair manner so if FWA finds that the dismissal was unfair the employer can be ordered to either reinstate the employer or pay compensation for up to 26 weeks pay. This is demonstrated in the case Australian Municipal, Administrative, Clerical & Services Union v Ansett Australia where the dismissal of an employee for union involvement contravened s 298 of the Industrial Relations Act 1996 (NSW) and so the employer was ordered to pay the employee compensation. However, while the Industrial Relations Act 1996 (NSW) maintained the rights and responsibilities of employees and employers the introduction of the Workplace Relations Amendment (work choices) Act 2005 (Cth) limited the circumstances where employees could claim an unfair dismissal and thus limiting their workplace rights. Under this reform employees are not permitted to make a claim for unfair dismissal if any if the circumstances under the act applied, including if the enterprise has less than 100 employees. These reforms led to many employees being unfairly dismissed and having no legal means to uphold their rights. The Cowra Abattoir case highlights this issue where 29 employees were dismissed without reason and since the business employed fewer than 100 people the employees were not entitled to unfair dismissal claims. These issues highlight how law reform can wither enhance or hinder the protection of rights and obligation of employees in the workplace.

Law reform has effectively carried out its role in enforcing the rights and responsibilities of employees and employers in regards to safety in the workplace. Before legislative reforms in the 19th century, workers had virtually no rights under law to complain of injury in the workplace. Injured workers were simply terminated without compensation. However, the law since then has evolved dramatically and now ensures that workplace safety is of paramount concern by enforcing the responsibilities of both employees and employers to ensure the proper procedures are taken. The Work Health and Safety Act 2011, which amended the The Occupational Health and Safety Act 2000 (NSW), provides that employers have the responsibility to ensure the health, safety and welfare of their employees by providing proper information, instruction, training and supervision regarding the use go equipment. The Act also provides that employees have a duty to work with due skill and care and are obligated to follow safety directions. Penalties can be imposed on both employers and employees for breaches of workplace safety under the Act. Employers can be sued for damage if a worker is injured due to an employer’s negligence. Penalties of up to $825,000 can also be imposed on both employees and employers for failure to comply with the regulations under this act. This legislation emphasises how law reform is successfully enforcing the rights of employees and employers by ensuring that their responsibilities are legally binding.  This is highlighted in SMH’s “Tragedy and Heartbreak- the stories behind the grim statistics of lost employees” with the death of Daniel Croker who fell off his horse whilst mustering cattle at work. Croker died from head injuries, as he wore no protective headgear. The court fined his employer B.H MacLaclan (NSW) Pty Ltd $96 250 and stated that suitable protective gear must be used while mustering and supervision when performing dangerous tasks. Thus highlighting how law reform has been an effective mechanism in enforcing the rights and responsibilities of both employees and employers.


When negotiations between employees and employers breakdown both have the right to take industrial action to help give force to their claim. The right to take industrial action has been widely recognised as a fundamental element of voluntary collective bargaining however the reforms in 2005 severely constrained the right of employees to take industrial action. Industrial action is one of the essential means available to employees to promote and protect their economic and social rights. An ability to take industrial action is consistent with the parties taking responsibility for their industrial outcomes and an important means of overcoming a bargaining impasse. In recognition of the important role of industrial action, a right to strike is expressly protected by the United Nations International Covenant on Economic, Social and Cultural Rights. In order to comply with Australia’s international obligations parliament passed the Industrial Relations Reform Act 1993, which amended the Industrial Relations Act 1988 by defining the scope for legitimate industrial action termed protected action for the first time in Australia. While this law reform further enhanced the rights of workers further amendments were made in relation to industrial action The Workplace Relations Amendment (Work Choices) Act 2005 made significant changes to the industrial relations legislative framework. The Work Choices amendments reduce the scope for protected action by adding new exclusions from protected action. In addition, it severely limits the exercise of discretion by the AIRC, which heightens the dichotomy between protected and unprotected industrial action. It ensures that all unprotected action is treated as illegitimate and unlawful, regardless of the industrial or other circumstances. The AIRC must make an order against any unprotected industrial action and any continuation of the action will be liable to fines. Further, protected action is made more difficult to access by complex procedures relating to bargaining periods and ballot processes. The ILO Committee of Experts raised specific concerns about the conformity of of these reforms stating that they contravene with Australia’s obligations under the ILO conventions and severely limit the rights of both employers and employees to take industrial action (“WorkChoices Legislation Fails To Uphold Basic IR Principles”, AIER, Jun 1, 2006).

Law reform’s role in relation to workplace law is to ultimately make the Australian and NSW legal system more effective in upholding the rights of the employer and employee and to also enforce the responsibilities owed by the employer to the employee. While law reform has to a certain extent been effective in carrying out its role in enhancing the rights of workers there have been circumstances where law reform has hindered on the rights of employees such as the right to take industrial action.

[jamonwindeyer]

Hi, i was just wondering if you'd be able to comment on my workplace law essay. It's the first essay I've written for workplace and its for an upcoming assessment task. I don't feel as though this essay is up to my usual standard but am having trouble in finding ways to improve. Any comments will be greatly appreciated. The question is "Assess the role of law reform in recognising rights and enforcing responsibilities of both employees and employers. "

Hey naeza98! Welcome to the forums! Be sure to let me know if you need help finding anything

Thanks heaps for posting your essay. We have a post requirement to receive feedback; you need 15 posts on ATAR Notes for every essay you'd like marked. So 2 essays needs 30 posts, 10 essays needs 150 posts, etc etc. This is to ensure the service remains accessible for the active members of the ATAR Notes Community, and viable for the markers The full essay marking rules and policies can be found here!

So, hang around the site a bit! Ask some questions, have a chat, stop by our New User's Lounge to introduce yourself, all that good stuff! 15 posts will build up really quickly, and when they do, come back and let me know and we'll get your essay marked ASAP! thanks in advance

[tahmina]

can someone help me with the protection of victims in the criminal justice system ??