Conclusion

The conclusion is your answer to the issue. There is usually no "right" answer. What is important is the process of legal reasoning that leads to your conclusion.

Reach a convincing conclusion on each of the legal issues you have identified in the factual problem, based on strong support from case law and legislation.

You must come to a conclusion based on the evidence. Choose the argument you think is the strongest and articulate what you believe to be the appropriate advice. It is acceptable to say that there are valid arguments either way.

Use measured language when writing your conclusion, i.e. don’t write ‘A is definitely guilty’, but rather: ‘On the facts, it is highly likely that A would be found liable.’

Example

Let’s look one last time at our example from above: Matthew, a 50-year old independent contractor from Victoria, has been engaged for some work by X Pty Ltd (a company). Matthew attends a number of staff meetings as well as a training course provided by the company.

Conclusion: 

X Pty Ltd can exercise control over how Matthew performs his work. According to the multi-factor test confirmed in Stevens v Brodribb, this indicates that Matthew can be regarded as an employee while under the terms of engagement.

Note

You cannot be definite in concluding that the courts will decide in your favour. Use terminology that supports the likelihood of a particular outcome, e.g. such as "will likely..." or "can be...".