Assessment Task 2: Structured Essay (LAW201)
Critically consider the following:
Defences play a crucial role in the law of defamation. In some ways, defences in defamation provide a balance between freedom of speech and protection of reputation.1
1 See, for example, Theophanous v Herald & Weekly Times Ltd (1994) 182 CLR 104.
In your answer, you should include:
- The defences of justification, fair report of proceedings of public concern, and triviality;
- Critical consideration of how these defences operate to balance freedom of speech and protection of reputation;
- Discussion of any limitations of these defences in balancing freedom of speech and protection of reputation; and
- The relevant parts of the Defamation Act 2005 (Qld), and relevant case law and secondary material.
| Marking Criteria for Assessment Task 2 (LAW201, Torts A) Marking criteria | Outstanding (HD) | Very Good (D) | Good (Credit) | Satisfactory
(Pass) |
Needs Improvement
(Fail) |
| 1. Application of relevant law, principles and knowledge | Very thoroughly researched, effective use of materials; comprehensive identification and discussion of issues | Well researched, appropriate use of materials; good identification and discussion of issues | Competently researched, good use of materials; majority of relevant issues identified and discussed. | Some relevant materials overlooked; some use of research materials; possibly some misunderstanding of issues or materials | Limited research, relevant materials overlooked or misunderstood; failure to identify and discuss relevant issues |
| 2. Critical thinking, analysis & reasoning | Thorough analysis, deals effectively with complexity of issues; persuasively argued throughout, contrary arguments anticipated, good critical evaluation of materials | Good analysis, argument well-developed and supported, some critical evaluation of materials | Some analysis of issues; argument may be under-developed or unpersuasive, synthesis of materials with limited critical evaluation | Mainly discursive with little analysis of issues; basic argument is unclear or undeveloped or not well supported, some reference to relevant material | Insufficient analysis, argument is lacking or unsound, failure to use relevant materials, may indicate confusion or misunderstanding |
| 3. Structure & writing | Clear and logical structure & organisation; precise and concise writing | Suitable and coherent structure & organisation; generally well written | Generally coherent structure & organisation but with occasional deficiencies; reasonably well written | Some defects in structure and organisation; writing may be difficult to follow in parts | Structure and organisation incoherent or lacking; poorly written, difficult to follow |
| 4. Presentation & referencing (including compliance with AGLC) | Minimal errors in expression, grammar, spelling or punctuation; full and accurate citation of authorities and sources; thoroughly edited. | Occasional minor flaws in expression, grammar, spelling or punctuation; authorities and sources are generally cited correctly; well edited | Some flaws in expression, grammar, spelling or punctuation; may have some missing, incomplete or incorrect footnote citations; some oversights in editing | Flaws in expression, grammar, spelling or punctuation; a number of missing, incomplete or incorrect footnote citations; editing with little care | Frequent or repeated flaws in expression, grammar, spelling or punctuation; inadequate citation of sources; poor editing |
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