Assignment Instructions and Questions
Term 2 2023
Marks: 40 per cent of total grade.
Due date: Week 7: before 11.00 pm AEST Friday 1 September 2023
Submission: Students must submit the assignment as a Word file (‘.doc’ or ‘.docx’) via the assignment submission
link in the ‘Assessment’ tile in Moodle for LAWS11030.
Extensions: The CQUniversity extension policy will be strictly enforced. Late submissions without an approved
extension may incur a penalty of 5 per cent of the total marks available per day. Extension requests
must be made in Moodle before the due date and will only be considered if made in the online
‘Assessment Extension Request’ form in Moodle in exceptional circumstances and supported by
appropriate documentation.
Word count: Assignments must not exceed a total of 1,600 words. The word count excludes citations and the
reference list. Students may transfer unused words in a question’s recommended word count to
another part of the assignment.
Content: The assignment examines unit content covered in Weeks 1 to 6.
Format: The student’s name and student identification number must appear on the first page of the
assignment and in the footer of each page. The assignment is to be formatted in a clear size 12 font
(Calibri, Cambria or Times New Roman), double-spaced and include page numbers. The total word
count must be stated on the first page of the assignment.
There are three parts to this assessment and students must use the appropriate answer structure from
the workshops to answer questions in each part. The answer for each part must start on a new page,
clearly state the question number and include the word count for the part.
Plagiarism: This assessment task is an individual assignment. In completing the assignment students must comply
with the CQUniversity academic integrity policies that can be accessed via Moodle. Breaching these
policies will result in a student being subjected to the University’s student misconduct proceedings
and related penalties.
Referencing: Students must use a consistent style of referencing and cite the relevant research source when
appropriate. Students must use the American Psychological Association style guide (APA 7th ed). Note
that footnotes may be appropriate to cite cases and legislation and students can refer to the Australian
Guide to Legal Citation (4th edition) for appropriate citation style. At the end of the assignment
students must include a reference list of all research sources.
Resources: You will need to actively engage with the Academic Learning Centre (ALC) tutorial sessions in
LAWS11030 workshops. Customised ALC resources for this unit can be accessed at the ALC companion
Moodle site (via the link in Moodle for LAWS11030).
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BACKGROUND FACTS
You recently completed your undergraduate studies and started a graduate position in the corporate services group
at Business Solutions Consulting Pty Ltd. After your manager learned that you studied LAWS11030, you were assigned
to the ‘Start-Up’ team as a business law specialist. You will assist clients to understand the legal requirements of
establishing a new business.
Your first client is Mei, a gardener, who recently migrated to Australia from Japan. Mei now lives in Brisbane, where
she is embarking on a new business venture. She established a gardening supplies company in Brisbane’s suburbs
called Sakura Garden Supplies Pty Ltd. The business will sell a range of trees, shrubs, vegetable and fruit seedlings,
garden supplies and decorations and equipment in a bricks and mortar store. Mei will not be selling products online.
While Mei is very experienced in the Japanese commercial gardening industry, she knows little about the Australian
legal system and contract law.
YOUR TASK
You must write a business report for Mei that provides advice on all business law questions in Parts A, B and C of this
assignment. The report will be given to Mei at your first meeting as a resource she can use in setting up and then
operating her business. Mei 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 regulators and one federal regulator. Also, you cannot
choose the same regulator for the two jurisdictions (eg. two courts).
2. The analysis of each online research source located in Part A.1 of your answer needs to:
(1) Identify the regulator’s jurisdiction (Queensland, federal, etc).
(2) Describe the key powers of the regulator.
(3) Identify one reporting system for the regulators (eg. annual report) and describe three features
contained in the relevant document or information.
3. Evaluate the user experience for each website located in Part A.1 from the perspective of a 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.
350 words – 10 marks
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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:
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.
2. Precedent is a key doctrine that underpins the common law legal system. Identify and describe the key rules
of the doctrine of precedent. In your answer describe how the common law changes within the rules
established by precedent and provide one case where the High Court created new common law by overturning
or changing precedent.
3. Identify and describe the key features of federalism in the Australian legal system. In your answer refer to
two examples of lawsthat demonstrate federalism. Evaluate how federalism effects the commercial activities
of Australian businesses.
400 words – 10 marks
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 the common law of
contract in creating a legally enforceable contract. Your answer in Part C must answer the following two questions.
1. Terms of a contract and remedies
Mei requires advice on how to identify and manage the commercial and legal risk associated with entering business
agreements as she is unfamiliar with Australian contract law. You must advise Mei 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 of each method of dispute
resolution.
450 words – 10 marks
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2. Contractual liability and disclaimers
Central to running a successful modern nursery is allowing people to wander the grounds to inspect and then purchase
the different plants and gardening products. However, Mei is worried about the potential liability of Sakura Garden
Supplies Pty Ltd if someone is injured at the nursery. The specific risks are related to the operation of different
hydroponics in several greenhouses and outdoor gardens. Then there is the hustle and bustle of many shoppers and
stock deliveries throughout the day. When doing online research into potential liability for any injuries suffered by
customers, Mei found a website that stated she can potentially exclude her liability via a disclaimer (also known as an
exclusion clause or exemption clause). Mei proposes to exclude her liability by putting a disclaimer on a sign inside the
entrance gate at the nursery.
Mei drafted the following disclaimer on a sign based on her internet research and plans to create a small sign placed
inside the nursery:
‘Sakura Garden Supplies Pty Ltd is not liable for any injury or loss suffered by customers while on these
premises. Customers and visitors assume all associated risk and liability. Enter at your own risk!’
In Part C.2 of your report you must advise Mei on the following matters:
1) Identify the commercial purpose of a disclaimer.
2) Advise Mei whether her proposed disclaimer is legally enforceable under the common law of contract. Your
answer must be supported by common law of contract legal principles and cases. Do not discuss statute law.
3) Using your answer to question 2 advise Mei what changes she can make to ensure the disclaimer is
enforceable under the common law of contract.