Case study worth 15 marks and referencing assignment worth 5 marks 1. Instructions on how to analyze a case study - worth 15 marks You have been provided with the case of Taralga Landscape Guardians Inc v Minister for Planning and RES Southern Cross Pty Ltd [2007] NSWLEC 59 on iLearn • You are to undertake an analysis of this case in the form of a case study and write no more than 500 words. You do not need to include references or a bibliography. • It must be in Times Roman 12 Font. • It must have a cover sheet as supplied on iLearn • You are to hand this assignment into your tutor. The purpose of reading cases is to learn what the law is so that knowledge can be used to resolve conflicts which arise in different fact situations. You are to undertake your own analysis of this case and write up a summary in your own words. You will need to undertake the analysis according to the steps below. 1. State the issue(s) in the case i.e. what is this case all about. This will be undertaken in one sentence. 2. State the relevant law that applies in this case. Refer to the cases that have been discussed in the judgment and state why the Judge has referred to them. 3. Explain how the Judge applied the law to the facts in the case. 4. Describe differences between the fact situation you are analyzing and the fact situation in the cases you cited which might lead to a different outcome 5. What are the public policy issues involved in this case and how has the Judge addressed them. 2. Referencing exercise. What is a footnote? The Footnote/ Bibliography method requires two elements: footnotes throughout your assignment, and a bibliography or list of references at the end which must be in alphabetical order in in sections i.e. books, journal articles, URL’s from websites etc. Why you must footnote: You cannot make a statement in an assignment if it comes from someone else’s work without referencing it. If you do not reference it, it can be considered to be plagiarism. Plagiarism: Involves using the work (writing, recording, photography etc.) of another person, and presenting it as if it is your own. You may quote from or summarize someone else's published work but only if you explicitly state this is what you are doing and give the precise publication details to it. Using unpublished material produced by someone else is plagiarism unless it is clearly acknowledged, even if that person has given you permission to do so. This includes essays and assignments written by other students. Quotations or passages from published books, papers, newspapers, journals and other written material, and documents downloaded electronically from the Net or copied from other people's computer files also must be clearly acknowledged. Plagiarism includes using someone else's results or conclusions, summarizing someone else's work as if it is your own, and collaborating in an assignment in such a way as to submit substantially the same piece of work as another student. Encouraging or assisting someone else to commit plagiarism is improper collusion and may attract the same penalties. How do I footnote? There are many types of footnotes used globally e.g. Harvard Method. However for this exercise please use the Australian Legal Citation Method supplied on iLearn. Footnotes (sometimes just called ‘notes’) are what they sound like—a note (or a reference to a source of information) which appears at the foot (bottom) of a page. In a footnote referencing system, you indicate a reference by:  putting a small number above the line of type directly following the source material. This number is called a note identifier. It sits slightly above the line of text. It looks like this.1 • putting the same number, followed by a citation of your source, at the bottom of the page. Footnoting should be numerical and chronological: the first reference is 1, the second is 2, and so on. The advantage of footnoting is that the reader can simply cast their eyes down the page to discover the source of a reference which interests them. The exercise on referencing. There are 5 references here. Each correct reference will result in 1 mark being a total of 5 marks. Below is a report on the climate change talks in Paris held in November – December 2015. Each sentence requires a foot note because the information in the report comes from another source. Below are the references that are relevant to the sentence. You have write the reference given so it complies with the Australian Guide to Legal Citation. Both the long and short version of the guide can be found on iLearn. The Conference of the Parties (COP21) resulted in the Paris Agreement in 2015 which both developing and developed countries have ratified . Prior to this Agreement the Kyoto Protocol has been the main international agreement relating to climate change. The need for a new agreement is reflected in the fact that the parts per million (PPM) of carbon dioxide emissions is now over the 400 mark. Climate change is increasing the risk of extreme weather events with more intense hurricanes, cyclones and typhoons, heavier rain and snowfall, more frequent and intense heat waves, and longer droughts. Australia’s approach in the courts to addressing climate change has been poor. 1. Paris Agreement was agreed to in November 2015 http://unfccc.int/meetings/paris_nov_2015/meeting/8926/php/view/reports.php> 2. 1997 The Kyoto Protocol came into force in 2008 3. Global CO2 emissions over 400 pm earth https://www.co2.earth/ 1/1/17 4.UNFCC 2014 Climate Change Synthesis Report page 58 5. Monash University Law Review Brian Preston, ‘Climate Change in the Courts (2010) 2 36