Instructions: Please read and re-read carefully to avoid mistakes.
- The assignment must be in MS Word format, no spacing, 12-pt Arial font and 2 cm margins on all four sides of your page with appropriate section headings and page numbers.
- Reference sources must be cited in the text of the report, and listed appropriately at the end in a reference list using the AGLC style. All reports are expected to observe proper referencing in accordance with the Australian Guide to Legal Citation (AGLC). A copy of the AGLC has been posted in the Week 2 tutorial folder. You may also download a copy for free via this link:
https://law.unimelb.edu.au/__data/assets/pdf_file/0005/3181325/AGLC4-with-Bookmarks-1.pdf
- Any assignment that is found to contain fake or bogus references or references that are clearly irrelevant to the subject matter of the assignment will receive an automatic zero (0) mark.
Instructions: Please read and re-read carefully to avoid mistakes.
1. The total word limit for the group report is a maximum word count of 1,000 words. Word count limits are strictly enforced. A deduction of two (2) marks will be imposed for every 50 words over the word count for either part of the report. Anything over the word count will not be read by your lecturer.
2. The total word count for the report as well as each part must be clearly written on the cover sheet of the assignment. A paper will not be marked if the word counts are not written on the cover sheet.
Marking criteria Weighting (%)
Report
- Identification of material facts involved in problem question 8%
- Identification of legal issues / legal question and relevant law 10%
- Thorough yet succinct application of law to material facts 10%
- Citation and referencing 8%
- Professional quality 4%
TOTAL Weight 40%
Business Structures question
• Read the questions below on Business Structures.
• In 1,000 words (+/- 10% is allowed), answer the chosen given question.
• A minimum of 3 genuine and relevant Australian legal references are required for this part of the report. Examples of relevant references for this question include the Corporations Act 2001 (Cth); the Australian and Securities and Investment Commission’s (ASIC) website (www.asic.gov.au), the website of the Australian Business Register’s (ABR) website (www.abr.gov.au).
• The full citations for all sources cited in your answer must be listed in a Reference list at the end of the Part B question.
• In addition, any online sources cited in your answer and listed in your Reference List must include a valid hyperlink that allows access to the full text of the source.
Congratulations! You have secured a graduate position with a large firm of corporate advisers. Jessica, a partner in the practice, asks you to attend an 8 am meeting on Monday with herself and Julian Harris, a longstanding client of the firm. You will be required to take notes and prepare answers to Julian’s queries.
Julian Harris is married to Samantha Patel. They have one child, Pauline, who attends a local private school. Julian is very entrepreneurial and has been running a second-hand and vintage clothing business in Dandenong, Victoria, by himself as a sole trader for the past five years under the business name of Retrofit. A lot of Julian’s customers are other businesses, both local and overseas. Turnover was $285 000 in the first year and has now grown to over $3 million per annum.
The business operates from rented premises, but Julian would prefer to buy a building. Currently, Retrofit employs eight staff. Julian has plans to expand the business further. He also wants to diversify into food and catering in the near to medium term.
Julian’s mother, Bev, is a retired accountant and he regularly asks her for advice. Bev suggested recently that Julian should structure his business as a company. Julian is unsure about this. He makes an appointment to see Jessica.
Prior to the meeting, you review Julian’s file and note that he and Samantha have the following assets.
• A family home in Hawthorn with a market value of $1.25 million. There is a mortgage on the property of $561,000. The house is owned by Samantha. The house was previously owned by Julian and Samantha, but when Julian started up his business, it was decided to transfer the house solely to Samantha for asset protection reasons.
• A share portfolio. Julian and Samantha jointly own 1000 Telstra shares, which cost them $3.30 per share, and 500 Commonwealth Bank shares, which they bought when they first married. The Commonwealth Bank shares cost them $10.90 per share. The Telstra shares are currently worth $3.09 per share and the Commonwealth Bank shares are worth $61.00 per share. The shares are intended as an investment for
Pauline — they will be given to her when she turns 21. Julian and Samantha also
jointly own a portfolio of blue chip Australian shares currently valued at $145,957.
• Two motor vehicles. Samantha owns a BMW Series 7 worth $135 000. Julian owns a VW Transporter Van worth $18,000, which he uses for the business.
• Office furniture and equipment. During the course of the year, Julian bought computers, desks, other office furniture and shelving for the business which cost him approximately $23 000. Their current value in the financial accounts is $8650.
• Superannuation. Julian has $190,568 in superannuation and Samantha has $136,000 in superannuation.
In addition, Samantha works as a sales and marketing manager in the city for a financial services company. She is on a total salary package of $155,000.
At the meeting, Julian hands over last financial year’s business results and his draft budget of sales and expenses for the coming financial year. The budget for the new year shows expected sales of $3,764,000 and a net profit of $637,979.
Issues to be considered
During the meeting, Julian has a number of questions relating to important issues surrounding the future of his business. The issues arising include the following.
• What options does Julian have to structure the Retrofit business?
• Julian still wants to run the business — he wants to be in control. How would other business
• structures differ from just Julian as a sole trader?
• Is Bev correct to suggest that Julian should set up a company to run the business? Why? What are the advantages and disadvantages of the different types of business structure?
Marking Rubric
Group Report
Total marks Excellent Good
available: 20 marks
per question
Identification of 7.5 to 8 marks 6 to 7 marks
material facts
involved in problem Completely Identifies most of
question identifies all the relevant facts
relevant facts of of case
(8 marks) case
Satisfactory
4 to 5.5 marks
Identifies the basic relevant facts of the case but misses other relevant facts
Unsatisfactory
Below 4 marks
Does not identify relevant facts of case
Identification of 9 to 10 marks 7 to 8 marks
legal issues / legal
question and Correctly identifies Issues correctly
relevant law all relevant legal identified, but
issues and are may contain
(10 marks) stated in the form extraneous
of questions. information and
are not stated in
Correctly identifies the form of
relevant and questions.
appropriate legal
rules and case law, Legal rules and
and states them in case law correctly
the form of identified, but
statements may contain
extraneous info
and are not in the
form of
statements.
Thorough yet 9 to 10 marks 7 to 8 marks
succinct application
of law to material Correctly identifies Correctly
facts facts; well- identifies facts.
reasoned Not well
(10 marks) discussion relating reasoned.
facts to the rules
and case law.
Citation and 7.5 to 8 marks 6 to 7 marks
referencing
(including minimum Correctly cites Has minimum of 6
number of minimum of 6 references; or has
references) references, in-text occasional errors
and in reference in formatting of
(8 marks) list. in-text citations
and reference list
5 to 6 marks Below 5 marks
Issues are not Identifies incorrect or
completely irrelevant issues.
identified.
Identifies incorrect or
Legal rules and irrelevant legal rules
case law not and case law.
correctly
identified.
5 to 6 marks Below 5 marks
Facts not correctly Scant to no analysis.
identified.
Analysis
incoherent.
4 to 5.5 marks Below 4 marks
Does not have No referencing either
minimum of 6 in-text or in reference
references or list; or cites
contains errors in inappropriate
formatting of in- references; or all
text citations and references not cited in
reference list the correct format.
Professional quality 3.75 to 4 marks 3 to 3.5 marks 2.5 to 2.75 marks Below 2 marks
including language
use and writing Professional Some mistakes. Many mistakes. Reflects no real effort.
style language. No Does not detract Detracts from
grammatical, from understanding.
(4 marks) punctuation or understanding. Sloppy.
spelling errors.
Deductions
Excess word count
(1 mark for every 25
words over)
Under the word
limit (1 mark for
every 25 word
under)
Lacks minimum of 6
references (1 mark
for every missing
reference)
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