Understanding Commercial Laws and Legal Procedures

This assignment delves into the world of commercial laws and legal procedures in Australia. It explores the concept of negligence, highlighting a case where supervisors' negligence led to financial losses for a company due to non-payment of bills. The importance of clarity in defining cause and harm is emphasized through this scenario. Additionally, contract law is discussed, using the example of a toy manufacturing company that failed to meet contractual obligations, resulting in a civil court case. This assignment provides valuable insights into Australian commercial laws and regulations, making it essential for individuals working in business-related fields.

The Australasian Legal
Information Institute

Table of Contents
INTRODUCTION...........................................................................................................................1
Folio-1 Courts and Alternative Dispute Resolution ........................................................................1
6.Tribunals..................................................................................................................................1
a. Research about Victorian Civil and Administrative Appeals Tribunal...................................1
b. Provide divisions of VCAT, also give two examples of types of disputes tribunal deal........1
c. Explain three advantages of having a specialised tribunal to support business and
individuals ..................................................................................................................................2
16.Research the Administrative Appeals Tribunal.....................................................................2
Role of the AAT : .......................................................................................................................2
3 important functions of AAT in business : ...............................................................................2
Folio-2 .............................................................................................................................................2
17. Letter of complaint................................................................................................................2
Folio-4 .............................................................................................................................................4
REFERENCES ...............................................................................................................................7
.........................................................................................................................................................7

INTRODUCTION
This institute is an operation which handles a multi portal website which can be used by
faculties at Sydney university of technology and new south whales university. This website helps
seek information, renders guidance for any person who is looking for queries related to law also,
particular legal information. This joint program was established for betterment in law field by
giving people correct knowledge in this field. It gives knowledge about tribunals, treaties,
legislations and courts.
Folio-1 Courts and Alternative Dispute Resolution
6.Tribunals
a. Research about Victorian Civil and Administrative Appeals Tribunal.
It is a tribunal which listens to all appeals and cases in civil stream and governing legal
cases which happen under state of Victoria, Australia. Here, mostly matters are undisputed on
basis of relevant legal provisions implied over them. VCAT has to cover several grounds to solve
in any case, particularly supported by court services of Victoria. The jurisdictions here assigns
them certain cases and then only they shall look into it and find solution(Broadley, 2015) .
b. Provide divisions of VCAT, also give two examples of types of disputes tribunal deal.
Their are four divisions in VCAT, these carry each different aspects and various matters
are allotted in them to solve. All of them are mentioned below:
Civil: Here, matters which are related to consumers, domestic development work, selling &
purchasing of property and water consumption and authority between two infrastructure appear.
Solutions regarding to these matters are resolved here.
Administrative: It handles applications of citizens asking for government's review and tasks
which affect their workings. Here cases related to local land council, transportation accident
commission, taxation of state, services of legal help, registrations & business licences and
informations applications freedom. All these are resolved by administrate department.
Human rights: this section handles several accounts such as equality, administration assignment.
The act of dis-ability in 2007(Edmond and Mercer, 2016).
Residential tenancies: it deals with several cases related to landlords and tenants, paying guests
& rooming functioning in legal perspective, housing directors & public tenets housing.
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c. Explain three advantages of having a specialised tribunal to support business and individuals
A special court handles only special or extra complicated civil and criminal matters. This court
transforms in several different ways to work and find solution in given case laws. These provide a big
amount of help to courts and government. Their are several advantages of such courts from which three
most prominent one are mentioned below:
 Professionals lawyers having command over particular field are brought for cases this increases
the quality of solutions and effective results in end.
 These courts can make rules and regulations which in normal circumstances & courts will, not be
applicable their but here things can be changed. For example in case of a criminal proceeding
some evidences are to be shows in secret to maintain decorum in society (Peruginelli, 2016) .
 Such courts are also known as problem solving courts as they give a very distinctive solution to
convicted individuals which will help them give different perspective in jurisdictions.
16.Research the Administrative Appeals Tribunal.
Role of the AAT :
Administrative appeals tribunals it conducts several merits in which they review several
decision which were taken by common wealth laws. Government of Australia has developed,
provided several measures from all passing years by watching much needed changes to help
society with better laws.
3 important functions of AAT in business :
 First they have to continuously keep an eyes over workings of administrative law in
government and any decision taken wrong can ruin whole assessment workings in
government.
 The measures taken by such legal body are to make laws transparent and properly distinct
to create impact over individuals to follow them properly(Phillips and et. al., 2015).
 These have always and do offer the best decision according to situation in case, this is
very challenging decision which can effect and increase chance of accountability in case.
Folio-2
17. Letter of complaint.
Case scenario: being customer of faulty ford focus purchased from Essendon ford, the car
was tried to return four times. The issue arising in car was due to manufacturing failure also, they
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blamed owner for not driving correctly. In same year several other complaints were also
registered for wrong workings of ford. The company has breached consumer law and one must
claim for recovery of car or change car.
To,
Chairman at Ford co. (Australia)
Subject: Breach of consumer law.
Sir,
This letter is regarding after filing several complaints that my car is unable to perform
well and is making several noises. When I went to seek claim or change in parts company
rejected and pointed out at my negligence. I have tried several times to file my complain in
showroom I bought car from. This letter is regarding pointing out the bizarre breach of
contract under section 18 of consumer law. This defines the term that in case any person or
organisation which are involved in trade commerce perform wrongly by providing a faulty
product come under this section of breaching contract where customer expects best product.
The company has deceived and misconducted breach at time of purchase. This section
defines several remedies which can resolve issue. The sole purpose of the Australian
consumer law is to give correct solutions in time of civil misconducts like such. The section
mentioned above has great power in courts and sales men who try and con people around
can be protected from it (van der Wijngaart, Hawkins and Golus, 2015)
This section has a worldwide impact and it has some specific clauses which will define fact
that misleading any customer to deceive in terms of money in practice of trade and
commerce comes under following law. Their are several circumstances which defines
weather this law will apply in the case or not some of them:
 misleading behaviour by fooling and deceiving customer.
 Selling either used cars or modified car which can lead to selling faulty car.
In this case I have brought same faulty mode. In my case they have refused to accept my
complaint and have clearly stated it over my personal negligence to break the car. In
undoubtedly state that it is gross negligence by me. The expected solution I seek is to
provide me claim for my loss and exchange with correct version. I will be very glad to
receive a positive response from you and my problem will be solved within a certain period
of time. Just to mention it very clearly her that in case my complain is not looked upon soon
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I will file my complain in the headquarters of Ford and co. stated in Dearborn, Michigan,
United States. I have already faced several problems due to is faulty version car and filling
complain in consumer court will might solve this issue. I will be seeking my results in the
coming days sooner and with proper results.
Thank you
Folio-4
 Being from a strong background of business in commerce I believe hat it is very
important for every person to be connected to laws and have a proper knowledge and
avoid any consequential loss due to unawareness. The united kingdom has originated to
laws like statutory and common laws, which were later followed by several countries.
Being from business work it is very important to understand commercial laws and
provisions of Australia. Most of the time a person gets stuck in proceeding and it takes all
the time. The laws provided are like rule books which will guide any person in provide
proper knowledge about laws and there are various other sources which are provided by
the government of Australia which will help them in gaining perspective about law and
give the correct solution fort their case.
 Negligence is term which can become very subjective if any person thinks about it in
brief the basic purpose of such things are to clearly provide the fact that in case of any
incidence one shall always seek the source and cause of the harm. During several
consequences their was an incident in QWE company where due to supervisors due
negligence the electricity was cut out because of non payment of bills. This was gross
negligence of the manager but the company had to face the loss unless the light was not
brought back. In law one has to provide proper definition of the cause its harm and the
repercussions. Law provides clarity in the situation and defines proper solution towards
it.
 Contract law is a very extensive and time taking procedure it is basically done to define
the relationship between to two individuals and provide the legality under which they
shall work under. It is very important for every person to follow the rules and provisions
which are mentioned under the clauses. For example there is a company named as ABC
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co. which is a toy manufacturing company. The contract to produce 3000 units of soft
toys was given to them but due to time calculation and looking at the money they
accepted the order. It was impossible for them to produce such amount of units. This lead
to the date of commencement of contract and due to not receiving the toys the other
company filled complaint against them, this lead to civil court case. In this incident it
very important to note that law follows the guideline mentioned in contract and it stated
to complete the work which was not and for that ABC co. had to pay fine.
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REFERENCES
Books and journals
Broadley, K., 2015. Is there a role for adult protection services in the lives of young people with
disabilities transitioning from out-of-home care?. Australian Social Work. 68(1). pp.84-
98.
Edmond, G. and Mercer, D., 2016. Creating (public) science in the Noah's Ark case. Public
Understanding of Science.
Peruginelli, G., 2016. Law Belongs to the people: Access to law and justice. Legal Information
Management. 16(2). pp.107-110.
Phillips, B. and et. al., 2015. The Coronial System and determining manner of death in Australia-
an overview. Academic Forensic Pathology. 5(3). pp.436-442.
van der Wijngaart, S., Hawkins, R. and Golus, P., 2015. The role of psychologists in the South
Australian fitness to stand trial process. Psychiatry, psychology and law. 22(1). pp.75-
93.
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