Subject Title Business Law for Managers
Subject Code LAW201A
Assessment Title Report
Graduate Capabilities
a. Professional Expertise
b. Innovation Problem Solving
c. Technology and Information Literacy
d. Global Citizenship
Learning Outcome/s (found in the Subject Outline) a. Explain the main features of the Australian and other relevant national legal systems.
d. Examine the obligations, rights and remedies available to parties in business relationships.
Assessment type (group or individual) Individual
Weighting % 20%
Word count 900 +/- 10%
Due day Sunday at 11:55pm Week 4
Submission type Turnitin ?
Format / Layout of Assessment
Report:
ICMS Cover Page
Table of Contents
Reference List
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?
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Assessment instructions The purpose of this assessment is to prepare a report that examines the Courts within the Australian legal system and the rights and remedies available within the civil law jurisdiction.
You are to read the following case scenario and then answer the questions below.
You work as a lawyer in the Sydney CBD. Your firm's name is Smith & Co Lawyers. Last week, Oliver Thomas, director of a large Australia fashion company, Golce & Habbana made an appointment to come and
see you. During that appointment, Oliver explained to you that his company had supplied over 50 couture fashion items to a Sydney retail company, Alexander Couture Pty Ltd (“Alexander”) at wholesale price. Alexander was to place the couture items for retail sale in their flagship store in Paddington.
The total sum of the products supplied to Alexander was $850,000. Alexander was invoiced at the time of supply and payment was required within 7 days being 1 January 2022. Despite requests for payment from Golce and Habbana, Alexander has still not paid.
Tom is aware that Alexander is a proprietary company with 5 directors. Upon further investigations, it is revealed that Alexander has been incorporated since 2017 and has 4 retail stores located around Australia. There are a number of properties and assets registered in the name of the company. Of late however, Alexander has suffered financial loss. One of the directors, Tina Purcell has been using company funds to support her lavish lifestyle including the recent purchase of a 2021 Ferrari Motor Vehicle and luxury yacht together totalling more than $3 million. In addition, there is suspicion that Alexander may have been unable to pay their bills as and when they fall due for at least the past 6 months.
Your are to advice Tom and Golce & Habbana as to the following:
1. Draft a brief solicitor's letter of demand addressed to Alexander The letter should contain all the necessary information required of a letter of demand.
2. In the event that the matter proceeds to litigation, advise Golce and Habbana what Court you would commence proceedings in and why.
3. In the event that Golce and Habbana is successful in obtaining Judgment against Alexander, advise them on the most effective enforcement options to recover the funds and why.
4. Discuss whether you can take any action against any of the directors of Alexander and on what basis. You should include reference to the Corporations Act 2001 (Cth).
The due date for the assessment is 11:55pm on Sunday of week 4.
This is an individual assessment. The report should be 900 words +/- 10%.
Readings for the assessment
Gibson, A (2017). Business law. (10th ed.). Boston: Pearson.
Graw, S. (2017). Understanding business law. (8th ed.). New York: LexisNexis.
Latimer, P. (2016). Australian business law. (35th ed.). Oxford: Oxford University Press. Lipton, P., Herzberg, A. & Welsh, M. (2018).
Understanding company law. (19th ed.). Pyrmont: Thomson Reuter. Miles, C., & Dowler, W. (2015). A guide to business law. (21st ed.). Pyrmont: Thomson Reuters.
Corporations Act 2001 (Cth).
Grading Criteria / Rubric Please see grading rubric below.
Assessment 1 Report – Marking Rubric
Criteria HD (85-100) D (75-84) CR (65-74) PASS (50-64) FAIL (0-49)
Content
( Weighting 40%)? Report identifies and consistently demonstrates a deep understanding of the Australian Court systems and the rights and remedies available within the civil jurisdiction. Demonstrates and astutely applies comprehensive knowledge of the topic by applying legal knowledge to advise on correct jurisdiction, rights, remedies, enforcement options and Corporations law. Report identifies and demonstrates an understanding of the Australian Court systems and the rights and remedies available within the civil jurisdiction. Report demonstrates and applies comprehensive knowledge of the topic by mostly advising on correct jurisdiction, rights, remedies, enforcement options and Corporations Law. Report identifies and attempts to demonstrate an understanding of the Australian Court system and the rights and remedies available within the civil jurisdiction. Report demonstrates and applies knowledge of the topic by advising in part on
jurisdiction, rights, remedies, enforcement options and Corporations Law . Report identifies and attempts to demonstrate an understanding of the Australian Court system and the right and remedies available within the civil
jurisdiction but not always with
success. Report demonstrates and partially applies some knowledge of the topic by establishing basic advice on jurisdiction, rights, remedies, enforcement options and Corporations Law. Demonstrates a shallow grasp of the material and key elements of the Australian Court system and the rights and remedies available. Student does not have a grasp of the content; student has difficulty providing a report relevant to the topic and provides incorrect advise on any of the following: jurisdiction, rights, remedies, enforcement options or Corporations Law.
Legal Application
(Weighting 30%)? Demonstrates and astutely analyses the Australian legal system and the importance of debt recovery within the civil law jurisdiction. Demonstrates and thoroughly analyses the Australian legal system and the importance of debt recovery within the civil law jurisdiction. Demonstrates and attempts to analyse the Australian legal system and the importance of debt recovery within the civil law jurisdiction. Demonstrates and partially analyses the Australian legal system and the importance of debt recovery within the civil law jurisdiction. Demonstrates a partial understanding of the Australian legal system and the importance of debt recovery within the civil law jurisdiction.
Research and Referencing
(Weighting 15%)? Utilises an extensive range of relevant literature from scholarly sources. Outstanding referencing to support analysis and assessment. Demonstrates an ability to utilize and reference a range of resources. Quotes are properly cited and follow APA format. Utilises a broad range of relevant literature from scholarly sources. Accurately provides references to support analysis and assessment but with a few slips, particularly in less common references. Quotes are mostly cited and follow APA format. Literature from scholarly sources has been incorporated. Provides references to support analysis and assessment but with one or two slips in more common references. Quotes are mostly cited properly and follow APA format. Literature from a range of sources, some of which are not credible or relevant, have been utilised. Attempts to provide references to support analysis and assessment but one or two may be missing/faulty or not listed at the end of the report. Offers few or no references to support analysis and assessment. Those that are provided tend to be not credible or relevant and may be inaccurate or faulty. There may be no reference list.
Structure
(Weighting 15%)? Content is logically and succinctly structured to create a cohesive and coherent legal report. Ideas are clearly expressed by a skilful use of vocabulary. Consistent adherence to grammatical conventions with no errors. Content is logically structured to create a cohesive and coherent legal report. Ideas are expressed by a skilful use of vocabulary. Mostly consistent adherence to grammatical conventio ns. Content has been logically structured to create a coherent legal report. Mostly consistent adherence to grammatical conventions, although minor errors remain. Content has been partially structured to create a legal report. Grammatical conventions have been adhered to in some areas although there are minor errors. Content has been partially structured to create a legal report. Formal and informal language has been used. The work includes multiple grammatical errors.
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