DUE DATE 12 MAY 2016 THURSDAY 5:00PM AEST
Case Study 1 10 Marks
On 1 March 2015, Max and his sister Maggie inherited in equal shares from their late Uncle’s estate, a $20 million ten hectare sea-front property, plus bed and breakfast business, located on the outskirts of Point Lonsdale, Victoria. Max needed funds and wished to sell up. But Maggie, who wished to live on the property, and run the business, persuaded Max not to sell to a third party. Instead on 1 April 2015, the two of them entered into a short written agreement in which:
• Maggie would buy Max’s half share for $10 million, with a deposit of $1m payable by 1 May 2015, the $9m balance payable by 31 August 2015 and would also pay all overdue council rates and taxes by 7 May 2015.
• Maggie would assume full control of the business, take up residence on the property by 14 May 2015 and pay all expenses and outgoings.
• If Maggie wished to sell the property and/or business within three years she would first offer them to Max.
These arrangements however didn’t proceed as planned.
• First, Maggie failed to take up residence until 30 May 2015 and she paid the $1m deposit on 1 June – a month overdue.
• Secondly, Maggie entirely failed to pay $45,000 owing to the Point Lonsdale Regional Council (“PLRC”) for overdue rates. As a result, Max then spent $40,500 of his own funds to settle the debt.
• Thirdly, on 1 August 2015 following an unexpected announcement; a new pro-development council altered the planning laws, allowing unrestricted coastal development. This immediately boosted the property’s value to $35 million.
Required:
Referring to relevant legal cases and legislation:
Advise Max who now wants either a half-share of the property or $35 million, if there are any legal and/or equity grounds allowing him to:
(a) Rescind, terminate, or otherwise avoid the contract;
(b) Confirm the contract but sue Maggie for breach of contract and/or for one-half of $35m in damages or some other appropriate sum.
Case Study 2 10 Marks
Tina was employed by a firm of Law book publishers based in Perth who were considering opening a branch office in Gold coast. Tina was instructed to visit the area, make enquiries and report back to head office with a recommendation. When Tina arrived in Gold coast, she was so impressed with its potential that she took action to set up an office before receiving further instructions from Head Office. On behalf of her firm she leased suitable premises, bought office equipment, placed advertisements in the local newspaper and purchased a small sailing boat which she intended to use for entertaining clients of the firm. In each case she arranged for the accounts to be forwarded to Head Office.
Tina’s firm decided not to establish a branch office in Gold coast but they began to receive accounts for the unauthorised purchases.
Required:
Referring to relevant cases and legislation, explain the legal position of Tina and her employers regarding payment of the accounts.
Case Study 3 10 Marks
In July 2015, Sam, a Malaysian investor purchased Midtown Plaza, a 15 storey commercial building in Central Melbourne for $85 million from Phillip through his real estate agent Ann. In pre-contractual negotiations, Ann told Sam quite emphatically that:

(i) the building had a 75% occupancy rate;
(ii) a major new tenant was about to sign a five year lease agreement for an entire floor; and
(iii) all existing tenancy agreements were due for an automatic 5% rental increase.

None of these statements, which proved simply untrue or very misleading, were included in the sale contract or in any agreement clauses. Sam discovered the truth after purchasing the property and that theproperty was worth only $65 million. Due to a depressed market he wasn’t able to re-sell Midtown Plaza and incurred an operating loss on the building of $2 million in the financial year ended 30 June 2016.

Required:
Referring to relevant legal cases and legislation:
(a) Advise Sam as to his legal rights (if any) under the relevant common law and equity principles operating in Australia, against Phillip and his real estate agent Ann.
(b) Similarly, advise Sam of his legal rights under the Competition and Consumer Act
2010(Cth) against Phillip and Ann.
Case Study 4 10 Marks
Write a reflective journal on your experience of completing this assessment. Each group member must write an individual journal.
Marks will be awarded individually to group member based on their persuasive evidence in their journal.

Assessment Criteria

The term assignment will use the following assessment criteria:
Problem solving: The focus of many parts of the assignment is upon developing applied problem solving skills. This requires students to read and analyse fact scenario matrix, and identify legal issues and apply these in conjunction with case law and or provisions of legislation to develop a reasoned outcome to the issue presented by the problem matrix.
Critical thinking: Students are required to critically analyse and evaluate information, facts and law in a problem solving context. The skills being emphasized involve the critical appraisal and reflection of legal issues and the application of case law and legislation against a factual matrix.
Information literacy: The assignment tests understanding and comprehension of critical legal knowledge and legal concepts discussed in the course in topics covered prior to submission of the assignment. Students need to develop understanding and familiarity with legal terms and words introduced in topics covered prior to submission of the assignment. This information understanding and literacy is tested in an applied rather than a descriptive context.
Information technology competence: This assignment tests student’s aptitude and capability to access web-based information and resources. Competence in producing academic written work with use of technology forms part of this assignment exercise.
Ethical practice: In formulating response to questions in the assignment students are exercising judgement and weighing possible courses of action in resolving on particular outcomes to legal problem solving questions. This process indirectly applies ethical practice in action.
Students are expected to go beyond their textbooks to answer this assessment questions. Use of online databases such as Austlii is recommended for your research.
Students please note that there is no extension to this due date. If you cannot submit your assessment on time you should apply for extension individually with supported documents to the Course Coordinator.
All extension applications will be handled by the Course Coordinator.

Student:
Case Study 1 : /10 Case Study 2 Case study 3 Case study 4 /10 Total: /40
• The benchmark for each criterion includes each of the benchmark levels before it, for example to achieve a distinction you also need to meet the criteria for a credit and pass.
• Students must achieve ALL the minimum benchmark criteria at a particular grade level to be awarded an overall final grade at that level. Marks are not divided among each individual criterion, but are benchmarked to minimum standards.

Assessment Rubric Mark sheet
Criteria – Case Study 1,2,3,4
High Distinction – 8.5

Professionalism Superior level of presentation that demonstrates an understanding of the professional context.
Evidence Based Problem Solving Research is extremely thorough and applied to the problem in a way that demonstrates mastery of discipline knowledge and conventions.
Argument and Structure Demonstrates critical reflection on defects in your own argument and strategies for handling these.
Comments:
Assessment Criteria
The term assignment will use the following assessment criteria:
Problem solving. The focus of many parts of the assignment is upon developing applied problem solving skills. This requires students to read and analyze a fact scenario matrix and identify legal issues and apply these in conjunction with case law and or provisions of legislation to develop a reasoned outcome to the issues presented by the problem matrix.
Critical thinking. Students are required to critically analyze and evaluate information, facts and law in a problem solving context. The skills being emphasized involve the critical appraisal and reflection of legal issues and the application of case law and legislation against a factual matrix.
Information literacy. The assignment tests understanding and comprehension of critical legal knowledge and legal concepts discussed in the course in topics covered prior to submission of the assignment. Students need to develop understanding and familiarity with legal terms and words introduced in topics covered prior to submission of the assignment. This information understanding and literacy is tested in an applied rather than a descriptive context.
Information technology competence. This assignment tests students' aptitude and capability to access web-based information and resources. Competence in producing academic written work with use of technology forms part of this assignment exercise.
Ethical practice. In formulating responses to questions in the assignment, students are exercising judgement and weighing possible courses of action in resolving on particular outcomes to legal problem solving questions. This process indirectly applies ethical practice in action.