Reference no: EM133508522

Australian Commercial Law

You must write a business report for Ronald that provides advice on all business law questions in Parts A, B and C of this assignment. The report will be given to Ronald at your first meeting as a resource he can use in setting up and then operating his business. Ronald can use the report to seek further advice on any specific legal issues.

ASSIGNMENT QUESTIONS

PART A - FINDING LAW

An important aspect of starting and operating a new business is finding relevant laws. There are now numerous online legal resources, many of which vary in quality. Therefore business people need to be able to locate and evaluate the reliability of a vast array of legal materials. This allows the most suitable legal resource to be identified and used.

In Part A of your report you must:

1. Locate and analyse the websites for two of the following regulators:

a. Court
b. Tribunal
c. Legislature
d. Parliamentary committee
e. Statutory authority
f. Ombudsman

The two regulators must consist of one State/Territory regulatory actor and one federal regulator. Also, you cannot choose the same regulator for the two jurisdictions (eg. two courts).

2. Your analysis needs to identify one law for each online research source located in Part A.1 of your answer and then answer all of the following questions:

1) Identify whether the law is legislation (statute law) or case law.
2) Identify the relevant jurisdiction for the law.
3) Describe the key features of the law.

3. Evaluate the user experience for each website located in Part A.1 from the perspective ofa business person. Your evaluation may include the format of the website, the use of visual aids, explanations of laws and legal processes and links to additional information or support.

PART B - BUSINESS, LAW AND THE AUSTRALIAN LEGAL SYSTEM

Many entrepreneurs who start a small business possess limited knowledge of the Australian legal system and how legal rules and principles shape their daily operations. When undertaking the process to ‘start-up' and then operate business, it is important for entrepreneurs and their staff to understand how the key features of Australia's legal system will impact their activities.

In Part B of your report you must:

Question 1. Identify the key legal changes required by the Federal government's proposed Voice to parliament. Describe the importance of the proposed Voice in recognising indigenous peoples in the Australian legal system. Evaluate the Constitutional reforms needed to implement the key legal changes in the Voice and the Uluru Statement.

Question 2. Describe the key features of the separation of powers doctrine. In your answer you need to also identify the purpose of the doctrine and how it is embedded in the Australian Constitution.

Question 3. Multiple sources of lawexist in Australia. Identify and describe the key features ofthe common law. Evaluate how the common law can change. In your answer provide one example of a common law that regulates business.

PART C -BUSINESS, AGREEMENTS AND CONTRACT LAW

In developing and implementing a business plan, your client needs to understand Australian contract law. To manage commercial and legal risks, business people need to recognise the legal obligations created by thecommon law of contract increating a legally enforceable contract. Your answer in Part C must answer the followingtwoquestions.

1. Terms of a contract and remedies

Ronald requires advice on how to identify and manage the commercial and legal risk associated with entering business agreements as he is unfamiliar with Australian contract law. You must advise Ronald how contract terms and remedies impact business arrangements.

In Part C.1 of your report you must:

1. Identify and describe the legal differences between the classification of a term of a contract as either a condition or a warranty. Evaluate the different commercial impact of breaching a condition or a warranty in relation to available remedies. Your answer must be supported by common law of contract legal principles and cases. Do not discuss statute law.

2. Identify and describe three types of remedies available when a contract has been breached. In your answer identify whether each remedy is a common law remedy or equitable remedy. Identify the relevant dispute forum that would issue each type of remedy.

3. There are multiple forms of dispute resolution for resolving commercial disputes. Identify and describe the key features of litigation and arbitration. Evaluate the benefits and limitations ofeach method of dispute resolution.

2. Employment practices and restraint of trade clauses

Ronald is a skilled coffee roaster but needs to employ at least two roasters so that he can develop and operate the business. He is very worried that he will pass on his knowledge and experience to his staff, who may then go and work for a competitor and share the coffee roasting secrets he learned in England. He did some online research on how to protect his business from such risks and identified as a potential solution a restraint of trade clause in employee contracts.

Ronald drafted the following clause for the contracts of all coffee roasters based on his internet research:

‘Upon the end of this agreement the employee agrees to not work in any capacity for any other coffee related business in Australia for a period of ten years.'

In Part C.2 of your report you must advise Ronaldon the following matters:

1) Describe the commercial purpose of a restraint of trade clause.
2) Advise Ronald whether his proposed restraint of trade clause is enforceable.Your answer must be supported by common law of contract legal principles and cases. Do not discuss statute law.
3) Propose to Ronald a new restraint of trade clause that is likely to meet the requirements of the common law restraint of trade doctrine