Commercial Law 2477/2497 Assignment: Legal Principles and Cases

This business law assignment explores various aspects of commercial law, including the Victorian Civil and Administrative Tribunal (VCAT) and the Administrative Appeals Tribunal (AAT), detailing their functions and advantages for businesses and individuals. It also analyzes a consumer complaint regarding a vehicle purchase, focusing on misleading conduct under the Australian Consumer Law (ACL) and outlining the remedies available to the consumer. Furthermore, the assignment includes a partnership agreement, covering essential elements such as the nature of the business, capital contributions, profit and loss distribution, term/termination, dispute resolution, and non-compete clauses. Finally, the assignment reflects on the student's learning experience, highlighting key concepts like court hierarchies, the doctrine of precedent, and a recent case involving workplace negligence, illustrating the practical application of legal principles and their impact on business practices and consumer rights.

Running head: BUSINESS LAW
BUSINESS LAW
Name of Student
Name of University
Author Note

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Folio 1
6 (b)
The Victorian Civil and Administrative Appeals Tribunal (VCAT) have five
divisions. These divisions are:
a. Civil Division
b. Administrative Division
c. Residential and Environment Division
d. Human Rights Division
e. Planning and Environment Division (VCAT, 2019)
Two examples for the types of disputes that are dealt with the tribunal are:
a. In the VCAT administrative cases are dealt with. The Administrative Division can be
seen as dealing with cases relating to inquiries of the professional conduct and with th
applications for government decision reviews. As example, in Websdale v Chief
Commissioner of Police, whose decision was released on 8th May 2019, the issue that
has been dealt with the order of prohibition of firearm under the provisions of Part 4A
Firearms Act 1996 (Vic).
b. In the tribunal the cases related to the residential tenancies division are dealt with.
This division deals with the cases in relation to tenants and landlords of residence, the
owners and residents of caravan parks, owners and residents of rooming houses, site-
owners and site-tenants and the Director of Housing and the public housing tenants.
As example, in Kamran Zand Basiri v Victorian Building Authority, whose decision
was released on 6th September 2019, the issue that was dealt with was for the stay
application for the decision of immediate suspense under the provisions of section

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180A (2A) Building Act 1993 (Vic) and section 50 (3) Victorian Civil and
Administrative Tribunal Act 1998 (Vic).
(c)
Advantages of having specialised tribunals for supporting the businesses and
individuals are mentioned as follows-
1. The VCAT tribunal is cheaper in comparison to the other traditional court hearings
2. In each division of the tribunal a special magistrate is present having expert
knowledge towards the subject matter
3. The proceedings in these tribunals are quick and less formal in comparison to the
traditional courts (De Gruyter, et al, 2017).
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 The Administrative Appeal Tribunal (AAT) can be seen as to be conducting merit
reviews for the decisions of the Commonwealth laws that are administrative in nature
in an independent way.
 Three functions of the Administrative Appeal Tribunals include
1. Reviewing the decisions in relation to bankruptcy
2. Reviewing of the decisions in relation to family assistance, paid parental leave, social
security and student assistance
3. Reviewing of the decisions in relation to the veterans' entitlements (AAT, 2019)
Folio 2
To,
The Manager

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RE: Complaint about Ford Focus Vehicle purchased on 23/06/2016 from Essendon Ford
Dealership
On 23/06/2016, I purchased Ford Focus Vehicle from Essendon Ford Dealership .The
car had been returned by me to the dealership as there were transmission issues in the car.
However, the car was returned to me every time by you with the insistence that the car was
not faulty but the occurrence of the problems was because the car had not been driven
properly.
As the car has been bought by me for household and domestic purposes therefore I am
a consumer under the provision of section 3 of the Australian Consumer Law set out in the
schedule 2, Competition and Consumer Act. The ACL has been introduced for controlling the
businesses and safeguarding the consumers from getting cheated or exploited and for helping
them get proper remedies against any kind of conduct of the business that is unconscionable,
oppressive, misleading or unfair in nature. I must put it to your notice that in the section 18 of
the ACL the provisions for the misleading or deceptive conducts have been mentioned.
According to this provision any corporation or business is strictly prohibited from engaging
into any activity in trade or commerce that is either deceptive and misleading or has the
potential to be deceiving or misleading towards the consumers. The elements that are
required to be successfully establishing deceptive and misleading conduct are- the act had
been conducted by an individual, the conduct was in course of trade and commerce; the
conduct has been a deceptive and misleading action as has been provided in the section 4 (2)
of the ACL and the consumer has suffered a loss or damage because of the action. Any
deceptive or misleading conduct under the provisions of this section is an offence of strict
liability and does not require to be proving your intention. It can be observed that you sold
the car to me in course of trade and commerce and the allegations you made about the non-
functioning of the car was because of problems in my driving techniques were false and

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misleading according to the provisions mentioned in section 18. Because of your misleading
comments towards the reason for the non-functioning of car I have suffered monetary loss
and also loss for the time and effort I had to put into the car.
I understand that under the Australian Consumer Law, when I buy products and
services they come with automatic guarantees that they will work and do what I asked for.
I am attaching evidences in relation to the car's faulty transmissions as well as
evidences relating to the fact that my driving skills did not create any problem.
As per the provisions of the ACL the remedies I am entitled for the grant of injunction
under s232 of the Act and for damages and compensation under ss.236-237 of the Act for any
breach on your part. Therefore I expect you to either repair the car or to replace it, and if
neither repair nor refund is provided by you to me I want a full refund of my money.
If I do not hear from you within 10 working days, I will lodge a formal complaint
with Consumer Affairs Victoria and/or report my issue to the ACCC.
You can contact me about this complaint via email at [e-mail] or call me on
5678901234 during business hours.
Thank you for your assistance in this matter.
Regards
Your Name
Folio 3
Partnership Agreement

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THIS PARTNERSHIP AGREEMENT is made this 10th day of September, 2019, by and
between the following individuals:
Bonnie Watson
___________________________
Address: 1005 Footspray Park
State/Postcode: Melbourne 14428
Jane McOwens
___________________________
Address: 2788 Clarendon St
State/Postcode: South Melbourne 3205
1. Nature of Business. The partners listed above hereby agree that they shall be considered
partners in business for the following purpose:
Café serving coffee and breakfast with the specialty of having all-day long breakfast menu
2. Name. The partnership shall be conducted under the name of Cafeccino and shall
maintain offices at 1454, Lonsdale Street Melbourne VIC 3000
3. Day-To-Day Operation. The partners shall provide their full-time services and best
efforts on behalf of the partnership. No partner shall receive a salary for services rendered to
the partnership. Each partner shall have equal rights to manage and control the partnership
and its business. Should there be differences between the partners concerning ordinary
business matters, a decision shall be made by unanimous vote. It is understood that the

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partners may elect one of the partners to conduct the day-to-day business of the partnership;
however, no partner shall be able to bind the partnership by act or contract to any liability
exceeding $ 25,000 without the prior written consent of each partner.
 Capital Contribution. The capital contribution of each partner to the partnership shall
consist of the following property, services, or cash which each partner agrees to
contribute:
Name of Partner Capital
Contribution
Agreed-Upon Cash % Share
Bonnie Watson 40,000 20,000 50%
Jane McOwens 40,000 20,000 50%
4. The partnership shall maintain a capital account record for each partner; should any
partner’s capital account fall below the agreed to amount, then that partner shall (1) have his
share of partnership profits then due and payable applied instead to his capital account; and
(2) pay any deficiency to the partnership if his share of partnership profits is not yet due and
payable.

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5. Profits and Losses. The profits and losses of the partnership shall be divided by the
partners according to a mutually agreeable schedule and at the end of each calendar year
according to the proportions listed above.
6. Term/Termination. The term of this Agreement shall be for a period of 17 years, unless
the partners mutually agree in writing to a shorter period. Should the partnership be
terminated by unanimous vote, the assets and cash of the partnership shall be used to pay all
creditors, with the remaining amounts to be distributed to the partners according to their
proportionate share.
7. Disputes. This Partnership Agreement shall be governed by the laws of the State of
Victoria.
8. Withdrawal/Death of Partner. In the event a partner withdraws or retires from the
partnership for any reason, including death, the remaining partners may continue to operate
the partnership using the same name. A withdrawing partner shall be obligated to give sixty
(60) days’ prior written notice of his/her intention to withdraw or retire and shall be obligated
to sell his/her interest in the partnership. No partner shall transfer interest in the partnership to
any other party without the written consent of the remaining partner(s). The remaining
partner(s) shall pay the withdrawing or retiring partner, or to the legal representative of the
deceased or disabled partner, the value of his interest in the partnership, or (a) the sum of
his/her capital account, (b) any unpaid loans due him/her, (c) hi/hers proportionate share of
accrued net profits remaining undistributed in his capital account, and (d) his/her interest in
any prior agreed appreciation in the value of the partnership property over its book value. No
value for good will shall be included in determining the value of the partner’s interest.

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9. Non-Compete Agreement. A partner who retires or withdraws from the partnership shall
not directly or indirectly engage in a business which is, or which would be competitive with
the existing or then anticipated business of the partnership for a period of Three years, in
those areas of this State where the partnership is currently doing or planning to do business.
IN WITNESS WHEREOF, the partners have duly executed this Agreement on the day and
year set forth hereinabove.
Bonnie Watson
Partner
Jane McOwens
Partner
Folio 4
 As a law student the career I would be pursuing is of a legal advisor. There are many
aspects of the Australian legal system as it is a diverse system with multitudes of laws
and legislations for governing the rights and duties of the citizens of the country. In
context to this I can say that from the study of the Australian legal system I have
learnt about the hierarchies of the court system of the country. This knowledge in
particular would be helping me in providing my clients knowledge about the
jurisdictions and advising about the type of court they are required to be making their
claims in. I have further learnt about the precedence doctrine, which would help me to

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provide my clients with possible course of action in any dispute by following the
decisions of similar cases set out by the higher courts.
 During the course I came across a recent case in negligence in which the employee
was seen to be in negligence about taking proper actions for the protections of the
employees against harassment and bullying. In the case it was submitted to the court
by the plaintiff that she had been continuously harassed and abused in sexual way and
had also been bullied by her co-workers. The plaintiff suffered from chronic
psychiatric illness and the Supreme Court of Victoria awarded her with a
compensation of $1.3 million. The case Kate Mathews v Winslow Constructors (Vic)
Pty Ltd can be seen as being a standout case for focussing on the aspects of
negligence in a workplace as the decision can be seen as playing a major role in
ensuring the companies follow specific policies to set workplace cultures and
environments that are positive and safe towards all the employees.
 During my study of this course I came across a landmark contract case Carlill v
Smokeball which established that a for a contract to be valid it is required to be clear,
complete, binding and complete. The case was seen as being in relation to an
advertisement published by the company, where the defendant performed the terms of
the advertisement, however, their performance was not accepted by the company. In
the court it had been held that the defendant was not in breach of their duties as an
employee. The court was of the opinion that the defendant should be compensated
properly as all the elements of a valid contract was present. This case has been a
landmark case for the judgment of the contractual breach cases.

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Reference
AAT (2019). Administrative Appeals Tribunal | Administrative Appeals Tribunal. [online]
Aat.gov.au. Available at: https://www.aat.gov.au/
Australian Consumer Law
Building Act 1993 (Vic)
Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1
Competition and Consumer Act 2010
De Gruyter, C., Rose, G., Wilson, K., Dukanovic, Z. and Truong, L., 2017, November.
Exploring planning tribunal decisions on travel plans for new developments. In Australasian
Transport Research Forum (ATRF), 39th, 2017, Auckland, New Zealand.
Firearms Act 1996 (Vic)
Kamran Zand Basiri v Victorian Building Authority [2019] VCAT 1376
Mathews v Winslow Constructors (Vic) Pty Ltd - [2015] VSC 728
VCAT (2019). Home | VCAT. [online] Vcat.vic.gov.au. Available at:
https://www.vcat.vic.gov.au/
Victorian Civil and Administrative Tribunal Act 1998 (Vic)
Websdale v Chief Commissioner of Police [2019] VCAT 666