1. Briefly identify and provide advice to Joanne of her rights under the Australian Consumer Law.
2. Briefly explain the consequences for the Customer Service Representative if Joanne proves that there was a breach of her consumer law guarantees.

Suggested Solutions:

CASE STUDY FIVE: (Employment Law)
Until last week, Warwick was working for“ Professional Posts Pty Ltd” as independent contractor. His contract expired last week and but he is still continuing to work for the company without renewing the contract. Despite the fact that he bought and maintained his own courier vans, he had to work set hours, drive a set route and wear the Professional Post’s uniform with the company logo. He had to accept the work that was allocated to him and deliver the packages according to the company guidelines. He was under strict supervision and was receiving direct orders every day. One day on his way to a delivery he injured himself.

1. Briefly explain whether Warwick can be classified as an employee of Professional Posts Pty Ltd
2. Briefly explain the main factors that courts are likely to take into account in determining whether a worker is an employee or independent contractor

CASE STUDY SIX: (Workplace Health and Safety)
Fred has developed a lung infection that appears to have been caused by the fine particles of plastic that escape from the cutting machine he operates at “Ruthless Engineering”. Fred’s boss doesn’t believe him and refuses to advise the workers compensation insurer or the relevant regulatory body. He warns Fred that if he speaks out about his infection, he will be dismissed.

1. Briefly explain the regulations that Ruthless engineering should follow to comply in the state in which you live.
2. Advice “Ruthless Engineering” on how they can stop this happening in the future and avoid potential hazards in their business operation.

Answer

First Case Study (Torts Law)

A few facts and aspects of the circumstance as it is described in the law case study are ambiguous, necessitating a presumption in order to investigate the viability of Gordon's potential damages. According to the complaint, Gordon was hurt when he slipped on the tiled floor in the Westfield Shopping Center foyer. The Shopping Center can be charged with carelessness because Gordon was injured as a result of the damp floor that needed to be dried but wasn't. Therefore, under Section 8 (1) of the Law of Negligence and Limitation of Liability Act, 2008, the Westfield Shopping Centre may be held accountable for a negligent act in this situation. The factual evidence in the case can be used to support the claim because it properly satisfies the requirements of Section 8 of the relevant Act (Foley, & Christensen, 2016). When Gordon files a lawsuit for an act of carelessness, the damages that he may seek fall under one of the three categories of compensatory damages, and he may do so by requesting an amount in the petition's prayer section that is an accurate depiction of the harm suffered (Annetts v Australian station Pty Ltd, 2002).

It has been assumed that Gordon slid because the floor of the relevant shopping mall was damp and that there were no additional factors at play.

According to the published legal case study, Gordon saw someone get hurt after slipping in the lobby of the Westfield Shopping Center, which has already been recognised as a case of negligence because the circumstances of the incident fulfil the requirements of Section 8 of the Act (Bell, & Jocic, 2017). Although the case has been described in full, it may be affirmed that, in accordance with Section 14. Division 1. Part 2 of the Law of Negligence and Limitation of Liability Act, 2008, the defence of the aforementioned case may be sued with the option of making a defensive plea (Legislation.gov.au. 2019). The Australian law specifies the scope of voluntary assumption of risk in the section referred to (volenti non fit injuria). This would mean that when Gordon approached the shopping center's lobby, he was aware that the floor had slick tiles and that he needed to take extra precautions. The legal case study also mentioned that Gordon attended the aforementioned shopping mall on a rainy day, and that he was consequently wet, which may have contributed to his slipping. Gordon can therefore be accused and defended against by Westfield Shopping Centre using the aforementioned arguments.

Second Case Study (Business Structures)

1. Accepting the offered legal case study, which describes Warwick and Sunny's plans to establish a college using money they previously borrowed from friends and relatives. Given the uncertainty surrounding the particular industry in which the two individuals hope to operate, it may be inescapably advised that they choose a Limited Liability Company and first establish a tall-structured business where information would flow in a top-down fashion (Kenney, La Cava, & Rodgers, 2016). The following succinct list of benefits of a Limited Liability Company (LLC):

Among the other three primary corporate structures, LLCs are the most adaptable.

• Warwick and Sunny might benefit from the advantages of all three business structure types by choosing the LLC business form (Elena, 2019).

• The fact that the LLC guarantees liability protection with a taxation structure that is significantly less than that of corporations is another benefit that may be claimed.

• The fact that the owner(s) of the LLC are not held liable for the obligations of the company, i.e., there is no personal liability, is the primary advantage of the LLC.

According to the rules outlined in the Corporations Act of 2001 and the regulatory body known as the Australian Securities and Investments Commission (ASIC), the process of forming a Limited Liability Company (LLC) is as follows:

• The first step would be to obtain an Australian Business Number (ABN), which is free to do so within Australian provinces.

• The law case study examines that the business's name should be registered and that it should keep its current shape. the price of registering a desired business name under the conditions that the business is solely intended to be founded in Australia and does not fall within the scope of the exception to the same. In Australia, registering a company's name costs 36 AUD per year, and 85 AUD for a three-year period (gov.au. 2019).

• The current legal case study further indicates that in order to receive an Australian Company Number (ACN), which must be obtained prior to the registration of the ABN, the Company must be registered with ASIC. The cost of such registration in accordance with the rules is close to 495 AUD (Mancuso, 2019).

Third Case Study (Contracts Law)

1. According to the law case study, Mr. and Mrs. Garmin chose a honeymoon package that included a trip brochure with the slogan "Tours with Us," which can be confirmed to be a valid contract under Australian Contract law. The legitimacy of the aforementioned contract is based on an offer and acceptance of the contract, which in this case is the decision to use the service by acknowledging the travel agency's brochure. Furthermore, Mr. and Mrs. Garmin showed the existence of consideration by paying the required sum for the promised service. If the other components of this contract, such as undue influence, compulsion, and unsoundness of mind, are determined to be defective, it might be assumed that the aforementioned act qualifies as an implied lawful contract (Smith, 2018).

In accordance with the Sale of Commodities Act, 1896 (Qld), it is stated in the case study of current legal issues that not only do sales of goods fall under its purview, but also sales of services. However, if damages were sought while adhering to Australian Contract Law's rules, choosing remedies and making a claim would be more suitable. The remedy to claim damages in terms of compensation (refund) would be the greatest fit in this scenario under Australian Contract Law and the scope of the Common Law, among the many remedies that are available in case of breach of contract (Eldridge, 2019). Additionally, in this situation, it is possible to choose the remedy of asking for particular or partial performance of the contract, but doing so would involve a complicated process, and there is a chance that a court of law would not consider such a request.