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legal RW week 4 writing support

Academic Support and Access

  • Source: The University of Notre Dame Australia's Student Success team is dedicated to enhancing students' academic writing and study skills, functioning as a crucial resource for tertiary education support.

  • CRICOS provider code: 01032F

  • Access channels (available 24/7 and via Blackboard): The university provides diverse avenues for support to ensure accessibility and flexibility for all students.

    • One-to-one consultations: Personalized sessions with learning advisors for tailored feedback and guidance on specific academic tasks.

    • Online workshops: Interactive group sessions covering a range of topics, from essay writing to research skills.

    • Online videos and guides: Self-paced resources offering clear explanations and examples on various academic concepts and writing techniques.

    • Online feedback: Submission platforms for written assignments to receive comprehensive, personalized feedback on grammar, structure, and academic style.

  • How to access: Students can easily find and utilize these resources through multiple entry points.

    • Click on ACADEMIC SUPPORT directly within any Blackboard course page, offering seamless integration into the learning environment.

    • Scan QR codes provided on campus or in university materials for quick access to online resources and booking portals.

    • Contact: For direct inquiries or specialized assistance, email student.success@nd.edu.au.

    • Steps to book an online session:

    1. Scroll down to ‘learning advisor’ on the student success portal.

    2. Select your preferred time slot and specify your campus preference or opt for an online session.

    3. Register your attendance on the events calendar to secure your booking.

    4. Attend a live online session, where you can interact directly with an advisor.

    5. Watch Success Now! videos, a curated collection of concise, helpful tutorials on common academic challenges.

    6. Utilize writing and English resources, which include style guides, grammar tips, and academic vocabulary lists.

    7. Sign up for Studiosity via Blackboard, an external service offering 24/7 writing feedback and study support.

    8. Upload your writing to Studiosity for personalized feedback, specifically targeting grammar, sentence structure, referencing, and overall clarity.

  • Practical takeaway: Proactively engaging with these comprehensive resources is vital for improving writing accuracy, enhancing coherence and logical flow, and elevating the overall quality and professionalism of academic submissions.

Features of Academic Writing

  • Emphasis that university writing possesses distinct characteristics that set it apart significantly from casual, everyday communication. Adhering to these features is paramount for academic success.

  • Core features of academic writing include:

    • Formal tone: Maintains an objective and respectful stance, avoiding colloquialisms, contractions, and overly emotive language.

    • Technical and precise language: Uses discipline-specific terminology accurately and avoids ambiguity or vagueness, ensuring clarity of meaning.

    • Conciseness: Communicates ideas efficiently and directly, eliminating unnecessary words or convoluted phrasing to enhance readability.

    • Impersonal perspective: Focuses on facts, arguments, and evidence rather than personal opinions or subjective experiences, often employing third-person narration.

    • Analytical approach: Involves breaking down complex information, examining relationships between ideas, and exploring causes and effects, rather than merely describing.

    • Logical structure: Organizes ideas in a clear, systematic progression, with a well-defined introduction, body paragraphs, and conclusion, ensuring arguments build coherently.

    • Evidence-based reasoning: Supports all claims and arguments with credible evidence from academic sources, demonstrating thorough research and critical engagement.

    • Accuracy in fact and citation: Ensures all presented information is factually correct and properly attributed to its original source through meticulous citation practices.

    • Coherence across paragraphs and sections: Achieves seamless transitions between ideas and sections, ensuring the entire text flows logically and is easy for the reader to follow.

  • Related cue: Phrases like “Suggested answers” in assignment prompts indicate an expectation of thoughtful, well-supported, and logically argued responses, moving beyond mere anecdotal or spontaneous statements.

  • Practical implication: Students must intentionally align their writing style with these defined academic features to meet university expectations, which directly contributes to improved assessment outcomes and stronger academic credibility.

What are the features of academic writing at uni (e.g., “formal”)

  • Reiteration that university-level writing is consistently formal and strictly adheres to specific academic norms and conventions.

  • Key attributes (repeat emphasis, highlighting their foundational importance):

    • Formal: Professional and objective, avoiding slang or overly casual expressions.

    • Technical and precise: Uses exact vocabulary, especially domain-specific terms, to convey meaning without ambiguity.

    • Concise: Direct and to the point, avoiding redundancy and unnecessary elaborations.

    • Impersonal: Focuses on objective facts and arguments rather than personal feelings or experiences.

    • Analytical: Demonstrates critical thinking, breaking down topics and evaluating evidence.

    • Logical: Structured in a way that arguments progress systematically and are easy to follow.

    • Evidence-based: Relies on verifiable sources and empirical data to support claims.

    • Accurate: Ensures all facts, figures, and information are correct and duly cited.

    • Coherent: Ideas are interconnected, creating a unified and easily understandable text.

  • Purpose: The consistent application of these features builds reader confidence in the credibility of the argument, enhances the persuasiveness of the writing, and signals intellectual rigor.

Accuracy

  • The paramount importance of accuracy in academic writing as a non-negotiable, foundational criterion. It is the cornerstone of credible scholarship.

  • Encourages the methodical and careful verification of all facts, figures, data, and statements against reliable, authoritative sources to prevent misrepresentation.

  • Notable: The emphasis on accuracy as a distinct, standalone feature underscores its critical role—even minor errors can profoundly undermine trust in the author and compromise the perceived quality and scholarly integrity of the entire work.

Friseal & Friseal [2025] – Case: Demeanour, Evidence, and Remittal

  • Context: This case represents a pivotal Australian appeal court decision specifically concerning parenting arrangements within the challenging context of family violence allegations, highlighting judicial process and interpretation.

  • Core narrative: On appeal, both the mother and the father concurred that the initial judgment rendered by the primary judge ought to be overturned. The agreement stemmed from significant issues identified in how the primary judge assessed the mother’s allegations of family violence, relying predominantly on her demeanour (her observed behavior and appearance in court) rather than requiring explicit, fact-based findings of the alleged events.

  • Legal takeaway: This case firmly established the principle that demeanour alone is insufficient and generally not a valid basis upon which to reject crucial evidence, particularly in sensitive family violence contexts. Instead, the court emphasized that explicit and detailed factual findings regarding the history and nature of violence are legally required to justify any judicial conclusions concerning such allegations.

  • Outcome: The appeal was successfully allowed, and the case was remitted for rehearing (meaning sent back to a lower court for a new trial) due to significant legal error in the initial judgment and a conspicuous absence of sufficient explicit findings to support the primary judge's conclusions. This highlights the appellate court's role in correcting procedural and substantive legal errors.

  • Editing prompt on the slide: The inclusion of “How many writing errors can you spot?” serves as a practical, didactic exercise to illustrate the critical importance of meticulous editing practices and the non-negotiable need for absolute accuracy and precision in legal writing.

  • Educational point: This case vividly demonstrates the paramount importance of precise language, rigorous factual analysis, and the consistent application of legal terminology when analyzing and discussing complex court decisions. Any imprecision can lead to misinterpretations with significant real-world consequences.

Friseal Variations: Progressive edits (pages 10–14)

These pages illustrate a series of progressive edits, each focusing on a specific common writing error, demonstrating their collective impact on professional presentation.

  • Page 10 (Capital letters): Issues identified include inconsistent capitalization practices, where proper nouns or the beginning of sentences are not uniformly capitalized, and subtle typographical errors that significantly impede readability (e.g., “trail” vs. the correct legal term “trial”; “remited” vs. the correct “remitted”; “husbands history” incorrectly missing the possessive apostrophe—should be “husband’s history”).

  • Page 11 (Apostrophes): This section specifically targets the correct application of apostrophes, focusing on indicating clear possession and proper pluralization. Examples include differentiating between “mother’s allegations” (allegations belonging to one mother) and “mothers’ allegations” (allegations belonging to multiple mothers), and ensuring “husband’s history” correctly conveys possession.

  • Page 12 (Spelling): Emphasizes the crucial role of spelling accuracy across all terms, including general vocabulary and specific legal references, as misspellings can undermine credibility and clarity.

  • Page 13 (Sentence punctuation): Focuses on the correct use of punctuation marks (commas, semicolons, periods) to effectively separate clauses, articulate relationships between ideas, and significantly improve overall sentence readability and grammatical coherence.

  • Page 14 (Paragraphing): Addresses the importance of proper paragraph breaks, ensuring that each paragraph develops a single main idea and that transitions between paragraphs facilitate a smooth, logical flow of information, enhancing the overall readability of the legal text.

  • Learning point: Each variant serves as a compelling demonstration of how seemingly small edits in areas such as capitalization, punctuation, spelling, and paragraph structuring can profoundly impact the professional presentation, clarity, and authoritative tone of any legal-text snippet.

  • Takeaway for exam prep: Students are encouraged to actively practice identifying and diligently correcting these pervasive common editing errors. This practical skill-building is essential for strengthening overall writing quality and ensuring precision in academic and professional contexts.

Coherence and Coherence-Related Notes

  • Page 15 specifically highlights “Coherence” as an overarching, crucial feature, integrating it seamlessly with previously discussed points such as logical structure and smooth flow. Coherence is not merely a stylistic element but a fundamental aspect of effective communication.

  • Connection: Coherence serves as the unifying force that ties together all formal writing attributes with the presentation of accurate, well-structured, and logically sound arguments. It ensures that all parts of the writing work together harmoniously to convey a central message.

  • Practical tip: To achieve optimal coherence, students should consistently use uniform terminology throughout their writing and ensure a clear, logical progression of ideas from one sentence and paragraph to the next. This disciplined approach guarantees that readers can effortlessly follow the reasoning and main argument without experiencing confusion or disjointedness.

Bendel v Commissioner of Taxation [2025] FCAFC 15 – UPEs and Division 7A

  • Case overview: This significant decision from the Full Federal Court specifically addressed the classification of unpaid present entitlements (UPEs) arising between a trust and its private company beneficiary under the intricate provisions of Division 7A of the Income Tax Assessment Act 1936. This case has substantial implications for trust taxation.

  • Key issue: The central question was whether UPEs, which represent amounts of trust income to which a corporate beneficiary is presently entitled but has not yet received, should be treated as 'loans' for the purposes of Division 7A. If classified as loans, they would trigger deemed dividend provisions, leading to potential tax implications for the company's shareholders.

  • Court’s stance: The Full Federal Court emphatically rejected the long-standing view prevalent within the Australian Taxation Office (ATO) that UPEs automatically constitute loans for Division 7A purposes. The court reasoned that Parliament did not intend for UPEs, by their inherent nature, to be treated as loans under the Act. Furthermore, the court found that the ATO’s historical interpretation was demonstrably inconsistent with both the explicit statutory text and the underlying legislative purpose of Division 7A.

  • Support: The appellate decision affirmed an earlier Administrative Appeals Tribunal decision, which had similarly concluded that the mere existence of an unpaid trust entitlement owed to a corporate beneficiary does not, in itself, give rise to loan-like obligations that fall within the scope of Division 7A. This consistency across tribunals and courts reinforced the interpretation.

  • Outcome: The court’s judgment provided critical clarification: UPEs should not be automatically or presumptively treated as loans for Division 7A purposes, absent specific loan agreements or arrangements. This ruling has profound implications for the tax treatment of trusts and corporate beneficiaries, requiring a re-evaluation of previous tax planning strategies and ATO rulings.

  • Related observations from slides:

    • The stark contrast between the ATO’s established historical view and the clear statutory intent, underscoring the importance of strict statutory interpretation.

    • The critical role of statutory interpretation in tax law, where precise wording and legislative purpose guide judicial decisions.

    • The significant influence and role of earlier tribunal decisions in shaping and contributing to the outcomes of subsequent appellate court judgments, demonstrating the hierarchical nature of judicial review.

  • Practical implication for students: When preparing written analyses or discussions involving tax law, it is imperative to ensure precise definitions of complex terms, accurate and specific reference to relevant statutory provisions (e.g., Division 7A of the ITAA 1936), and a demonstrated alignment between one’s interpretation and the clear statutory purpose of the legislation. This detail-oriented approach is crucial for credibility and accuracy.

Flow and Transitions: Clarity of Text Movement (editing notes from pages 16–19)

  • Issue identified in early versions: A common problem in academic writing involves sentences that abruptly begin with entirely new information. This practice can make the text fragmented and significantly harder for the reader to follow the logical progression of ideas. Research indicates that best practice in sentence construction is to start sentences with familiar or previously introduced information (often referred to as “old information” or “topic”) before introducing new concepts or elements (“new information” or “comment”). This structure creates a smooth information flow.

  • Editing guidance: The initial sentence of a paragraph or a new idea should effectively establish the necessary context or bridge from previously discussed points. Subsequent sentences should then introduce new details, ensuring they maintain clear and explicit links back to the prior content, creating a cohesive chain of thought.

  • “Improved version” notes show: Detailed revisions that demonstrate how strategically adjusting sentence order, rephrasing, and implementing consistent topic-comment structures can dramatically tighten the flow and enhance the overall readability of the text. This iterative process refines the clarity of argument presentation.

  • Transitional scaffolding across versions: The use of explicit transition phrases and words is highlighted across various text versions. These serve as essential signposts, effectively guiding readers through the logical progression of arguments, shifts in focus, and connections between discrete textual moves.

Transitions and Cohesion: Type, Use, and Limits

  • Page 20: Provides a categorized breakdown of common transition categories, illustrating their specific rhetorical function through clear examples. These transitions are crucial tools for achieving cohesion in academic writing.

    • COMPARISON: Used to highlight similarities or differences between ideas (e.g., «Like X, Y is
      \dots» / «Unlike X, Y is
      \dots»). Key for contrastive analysis.

    • EXPLANATION: Helps to clarify or rephrase a previous statement, ensuring understanding (e.g., «In other words,
      \dots» / «This means that
      \dots»). Essential for elaborating on complex ideas.

    • EXAMPLES: Introduces specific instances or illustrations to support a general point (e.g., «For example,
      \dots» / «For instance,
      \dots»). Concrete evidence for abstract concepts.

    • ADDITIONAL ARGUMENT: Signals the introduction of further supporting points or evidence (e.g., «Moreover,
      \dots» / «Furthermore,
      \dots» / «In addition,
      \dots»). Builds upon existing arguments.

    • PARALLEL ARGUMENT: Indicates that a similar or analogous point is being presented (e.g., «Likewise,
      \dots» / «Similarly,
      \dots»). Reinforces arguments through parallelism.

    • COUNTER-ARGUMENT: Introduces a contrasting idea, an objection, or a point of opposition (e.g., «However,
      \dots» / «On the other hand,
      \dots»). Signals a shift in perspective or introduction of conflicting evidence.

    • CONCLUSION: Signifies a summary, consequence, or logical deduction from previous points (e.g., «Therefore,
      \dots» / «As a result, /Consequently,
      \dots» / «Hence,
      \dots» / «Thus,
      \dots»). Provides closure or identifies outcomes.

  • Purpose: These transitional signals are fundamental for helping readers effortlessly follow the intricate logical structure of an argument and understand the precise argumentative moves being made by the author. They provide a roadmap for the reader through complex ideas.

Spice It Up: Transitions as Rhetorical Flavor (pages 21–23)

  • Analogy: The concept of transition words is eloquently compared to spices in cooking—they are meant to be used judiciously and in moderation to enhance the inherent flavor of the dish (the argument) without overwhelmingly dominating or masking its core ingredients. This analogy underscores the importance of subtlety.

  • Practical guidance: A small, carefully selected repertoire of well-chosen and appropriately placed transition words and phrases can substantially improve the clarity, logical flow, and overall sophistication of academic writing. Conversely, the excessive or indiscriminate overuse of transitions can become highly distracting, appear formulaic, and diminish the natural coherence of the text, much like too much spice can ruin a meal.

  • Visual/branding note: While the slides may incorporate branding elements or decorative lines related to the “spice” analogy, the central pedagogical lesson remains focused on achieving balanced punctuation, precise language, and effective cohesion through judicious use of transitions.

Example Texts and Version Improvements (pages 16–19, 24–25)

  • Improved version concept: The presentation of iterative editing processes demonstrates that substantial improvements in readability, clarity, and overall alignment with rigorous academic standards are achieved through successive revisions and refinements.

  • Key improvement areas highlighted across versions:

    • Flow and sentence construction: Revisions show how rephrasing sentences and restructuring paragraphs enhance logical progression and reader comprehension.

    • Use of transition words to demonstrate logical moves: The strategic insertion and adjustment of transition words underscore distinct rhetorical functions, making argumentative connections explicit.

    • Consistency in naming and capitalization: Correcting inconsistencies ensures a professional appearance and avoids confusion, especially in legal and academic contexts.

    • Clarity about the core issue and outcomes in case summaries: Example revisions demonstrate how to articulate the central legal questions and the court’s definitive rulings with greater precision and conciseness.

  • Page 24 reiterates the refined, improved version of the Bendel case summary. This enhanced version showcases consistent phrasing, a more concise articulation of the court’s complex reasoning, and a clearer delineation of the ultimate legal outcome, serving as a model for effective case summarization.

  • Page 25: Direct Contact for Academic Support

    • Email: student.success@nd.edu.au — This serves as a primary, direct point of contact for students seeking comprehensive academic assistance.

    • Reminder: This reiterates the critical importance of actively utilizing the wide array of available academic support services. These resources are specifically designed to help students elevate accuracy, enhance coherence, refine structural organization, and significantly improve the overall quality of both academic and professional writing endeavors.

Practical and Ethical Implications for Writing

  • In legal writing and formal case summaries: The paramount importance of using extraordinarily precise language, meticulously accurate punctuation, and adhering strictly to proper quotation and citation styles cannot be overstated. These elements are critical not only for clarity but, more importantly, to prevent any potential misinterpretation or distortion of complex judicial decisions, ensuring legal accuracy and integrity.

  • Ethical considerations: Rigorous ethical standards mandate accurately representing court decisions, which means avoiding any form of sensational, overly biased, or misleading wording. Furthermore, ensuring that all edits made to source material scrupulously preserve the original meaning while concurrently enhancing readability is an ethical imperative. Any alteration that changes the substantive meaning is a breach of scholarly ethics.

  • Relevance to real-world writing: The comprehensive editing practices and analytical skills fostered through academic engagement are universally applicable. They extend far beyond university assignments, proving indispensable across a vast array of professional documents, including detailed reports, critical essays, and formal communications, where accuracy, logical coherence, and a consistently formal tone are absolutely critical for credibility and effective communication.

Quick Reference: Contact and Resources

  • Email for academic support: student.success@nd.edu.au, providing a direct channel for assistance.

  • Access points: Students can readily find support through the ACADEMIC SUPPORT section in Blackboard, by scanning QR codes for immediate access, and through the seamless integration with Studiosity, offering diverse and convenient pathways to resources.

  • Purpose of resources: These comprehensive resources are strategically designed to empower students to significantly improve the accuracy, coherence, structural integrity, and overall professional quality of their academic writing across all disciplines.