LAW5726C/LAW5745C Case Study: Legal Decisions and Structures

This case study analyzes two distinct scenarios. The first involves a privacy breach case (Wilson v Ferguson) and explores the application of legal precedents, including Jane Doe v Australian Broadcasting Commission and Giller v Procepets, to determine liability and potential remedies, such as injunctions and damages. The second case study delves into business structures, offering advice to a client regarding the most suitable form (sole trader, partnership, company, association, co-operative) for a new business. It then examines Maria's misleading statements to a client under Australian Consumer Law, highlighting the importance of accurate cost information. Finally, it addresses compliance requirements under Section 32 of the Sale of Land Act and assesses a claim for negligence against VicRoads, referencing the case of Shaddock & Associates Pty Ltd v Parramatta City Council. The assignment demonstrates an understanding of legal principles and their practical application in various business and personal contexts, supported by relevant legislation and case law.

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Case Study One
I am considering the following 3 matters for the current judgment1:
i) ABC v Lenah Game Meats:
Incorporation of a new in the Australian laws as there is no policy or precedent to
prevent the same.
ii) Jane Doe v Australian Broadcasting Commission
“Jane Doe”, raped by her ex-husband, was named by the defendant after the
matter against the husband, wherein he was held guilty. Since it was an invasion
of her privacy and breach of duty of the broadcaster, the defendant was asked to
pay damages to the plaintiff.
iii) Giller v Procepets
Once the marriage was over, the husband distributed sexually explicit videos of
himself and his wife causing her mental stress. The Court opined breach of
confidence owing to the nature of information, circumstances in which the
information was shared and unauthorized use. This is a binding precedent.
In the present matter of Wilson v Ferguson, both the parties were romantically involved. Post
their breakup, the defendant posted photographs and video of the plaintiff on a social media
website – Facebook. This clearly is an invasion of her privacy as the pictures or videos
(irrespective of their content) were shared confidentially during their relationship. The same
must not be made public2. The case Jane Doe v Australian Broadcasting Commission and
Giller v Procepets both go with the case that is represented here. This is because both M/s
Wilson and Mr. Ferguson were in a romantic relationship. Mr. Ferguson posted wanted
photos and videos that made privacy breach, that to in the post-breakup period. Therefore, the
privacy was solely harmed and it disrespected M/s Wilson. In both cases, it has been found
that the defendant was asked to pay damages to the plaintiff and unauthorized use of
information that are shared causing binding precedent. This proclaims that there is a need for
injunction done in favor of the plaintiff. Mr. Ferguson will also need to pay the damage
charges that are required to compensate for the case. This is because privacy is a huge factor
over here, and in the post-breakup period or after the breakup, a person is never allowed to
post any information or pictures that can harm a person’s self-respect or dignity. The justice
that has been given in the earlier cases of Jane Doe v Australian Broadcasting Commission
and Giller v Procepets should be repeated over here so that M/s Wilson get a proper law and
order from the Supreme Court of Victoria Judge.
I will order the injunction in favor of plaintiff along with damages followed by the binding
precedent.
Case Study Two
1 A. von Dietze and A.-M. Allgrove, "Australian Privacy Reforms--An Overhauled Data Protection Regime For
Australia" (2014) 4(4) International Data Privacy Law.
2 Bruce Arnold et al, "Serious Invasions Of Privacy In The Digital Era (Australian Privacy Foundation
Submission To The Australian Law Reform Commission)" [2013] SSRN Electronic Journal.

1. Business structure for Ms. Bronwyn’s new business.
Dear Ms. Bronwyn
As regards your new business, you may choose from the following possible following
business structures3:
i) Sole Trader: In this case, only one person is the exclusive owner and has all the
power over the business, with no partners to share profits or losses. The advantage
here is that she can take all decisions on her own, however, if required, she will
not have help from any partner either.
ii) Partnership: Here, two or more people come together to operate the business as a
team. The partners are equally responsible for the profits and losses, but if the
losses incurred increase, the partner can be held personally liable. The details for
partnership are envisaged in The Partnership Act, which categories partnership
into partnership, limited partnership and incorporated limited partnership. The
later ones must be registered, whereas the normal partnership is a simpler form
and easy to sustain in the present case4.
iii) Company: It is a separate legal entity with its own management and seal. The
shareholders own the company. Due to rigidity and compliance requirements, it is
not a suitable option presently.
iv) Association: Being an alternative to the incorporation of a company, it is
appropriate for small and non-profit making groups.
v) Co-operative: it functions on the directions of members and can be formed only
by 5 or more members. It is not ideal for the current business as there are no other
members.
There should be a proper growth of Trust the afore-said helps. This will engage in the new
business ventures and will possibly help in choosing or identifying the business structure that
suits the current requirements and needs. In case of a partnership venture, there is a proper
need for legal documents so as to make changes in the structures and the function of the
business proposition. There are several problems which occur while documents are not
properly fetched in case of a partnership. This can lead to illegal claims as well as several
drawbacks of the organization. Therefore the business structure should be identified properly
to avoid unnecessary nuisances.
Best
XYZ
2. Maria’s discussion of costs with a potential client.
The statement by Maria that all expenses are covered is a ‘misleading’ and ‘deceiving’
statement (under Section 30) given to the potential client Steven since he would get a wrong
message about the costs that may be incurred in the transaction5.
As per the Australian Consumer Law, the potential client must be provided the correct
information in a catalog and that the advertising must be done in a manner, which is not
misleading, deceptive or prohibited under the law. The consumer can take action against
3 Jacqueline Christensen, Pamela Kent and Jenny Stewart, "Corporate Governance And Company Performance
In Australia" (2010) 20(4) Australian Accounting Review.
4 Richard Mitchell, Law, Corporate Governance And Partnerships At Work (Routledge, 2016).
5 Bede Harris, "Economic Cost Provisions In Fixed-Rate Home Loan Contracts And Breaches Of Australian
Consumer Law" (2013) 6(3) Journal of Politics and Law.

Maria if she does not comply with the offer she has made. The correct advice to the client
should be that all costs will be informed before-hand and that there will be no hidden costs.
Ms. Bronwyn must ensure that Maria gets the proper training to handle the client's calls along
with requisite documentation6.
3. Compliance requirements under Section 32.
Under Section 32 of the Sale of Land Act, a vendor is required to provide certain information
to the purchaser before the contract of sale is executed and that the purchaser may cancel the
contract in absence of this information7. This generally is being done when the vendor fails to
provide proper information that is required by the Act before the signing of the contract. In
such an aspect, the purchaser will generally be able to cancel the contract as a whole. There
are different exceptions regarding the rule and the purchasers are not to be assumed of the
technicality that will supposedly end the contract. This is generally considered as the best
time in getting legal advice as there are several opportunities in hand to end the contract. This
is again limited to the sale that has been finalized. In such an aspect, a vendor knowingly
provides information that is false in nature. This is generally being performed intentionally in
the purpose of doing criminal offenses. A vendor generally commits offenses only, when they
are not advised properly by the agents of the real estate. This generally is prepared by the
lawyers of the vendor that are associated with the offense. In such aspect when a vendor is
selling without the involvement of an agent, then the lawyer will generally provide the
Section 32 direct to the purchaser ahead.
In case the Section 32 information is incorrect, it results in criminal offense. The case that is
provided does not comply with Section 32 in any way. There are no requirements of vendor
statement in case of the selling of land.
4. Claim for Negligence.
In the present case, the department – VicRoads had the duty to inform Steven that there was
approval for widening the road. It was the breach of their duty, which caused injury
(economic loss) to him since he could not foresee this damage8. In such an aspect, huge
negligence has been followed and there should be a proper claim for negligence. In order to
win the negligence case, the plaintiff needs to provide the important four elements to show up
that the defendant acted negligence. They are duty, breach, causation, damages. The
defendant mainly owes a proper duty to the plaintiff. The defendant whereas breached the
legal duty by certain kinds of failures to act in a legal way. The causation refers to the acts of
the defendant that caused injury to the plaintiff. Lastly, the damages owed to the harm
brought down to the plaintiff with the specific action of the defendants. These are several
dynamics that are associated with the claim of negligence when several losses of economic or
financial problems steps into the business for such inconvenience state of negligence.
These facts are similar to the matter of Shaddock & Associates Pty Ltd v Parramatta City
Council.
6 Luke Nottage, "The New Australian Consumer Law: What About Consumer ADR?" (2010) 9(2) QUT Law
Review.
7 David P Lloyd and William F Rimmer, Sale Of Land Act Victoria.
8 David Isaacs, "Duty Of Care" (2019) 55(3) Journal of Paediatrics and Child Health.

References
Arnold, Bruce et al, "Serious Invasions Of Privacy In The Digital Era (Australian Privacy
Foundation Submission To The Australian Law Reform Commission)" [2013] SSRN
Electronic Journal
Christensen, Jacqueline, Pamela Kent and Jenny Stewart, "Corporate Governance And
Company Performance In Australia" (2010) 20(4) Australian Accounting Review
Harris, Bede, "Economic Cost Provisions In Fixed-Rate Home Loan Contracts And Breaches
Of Australian Consumer Law" (2013) 6(3) Journal of Politics and Law
Isaacs, David, "Duty Of Care" (2019) 55(3) Journal of Paediatrics and Child Health
Lloyd, David P and William F Rimmer, Sale Of Land Act Victoria
Mitchell, Richard, Law, Corporate Governance And Partnerships At Work (Routledge, 2016)
Nottage, Luke, "The New Australian Consumer Law: What About Consumer ADR?" (2010)
9(2) QUT Law Review
von Dietze, A. and A.-M. Allgrove, "Australian Privacy Reforms--An Overhauled Data
Protection Regime For Australia" (2014) 4(4) International Data Privacy Law