Task
Please note that the word limit of 2 000 words is a total for both questions (ie, it is not 2 000 words for each question). I would however expect that students should be able to answer both questions in far less than 2 000 words. Your bibliography is not included in the word limit.
You must use the ILAC format when answering these questions.
Question 1 (10 marks)
Sue, Grabbit & Runne is a firm of solicitors. There are three partners, Anne, Mary and Jane. There is a partnership agreement which states that each partner may enter into contracts worth up to $ 50 000, but that any contract in excess of that amount requires the prior agreement of all partners. Anne and Mary are away at a law conference when Jane sees an advert in the local Law Society Journal for a set of law reports being sold by a local barrister, Tom, who is retiring. The set would cost in excess of $ 100 000 if all the back issues were bought from the publisher, so Jane thinks that the asking price of $ 60 000 is very good, and she agrees to buy them for the firm. She also decides that because she and Mary both did film studies as part of their undergraduate degrees, the firm would make money if it branched out into film-making, and so she buys a movie camera for $ 20 000 from Edgar. When Anne and Mary return from the conference they are furious to find out what Jane has done and refuse to authorise payment for the law reports and the camera from the firm’s bank account. Advise Tom and Edgar as to their legal position, citing relevant law.
Question 2 (10 marks)
Mark worked as route manager for United Trucks Pty Ltd in Queensland from 2002-08. A term of his contract was that if he should leave the company, he could not engage in the trucking industry in Queensland for five years. In 2010 he registered a company called Sunshine Trucks Pty Ltd. Mark owns 99% of the shares. The other 1% is owned by his brother, Greg, whom he elected as sole director and CEO. Sunshine Trucks operates out of Townsville and carries goods throughout Queensland. All contracts for haulage of goods are signed by Greg in the name of Sunshine Trucks Pty Ltd. The company operates in north Queensland.
Greg also signed a contract on behalf of the company, taking out a loan of $ 2 million from Grasping Bank in 2010 as start-up capital. The company did well during 2010, 2011 and the first half of 2012, but in July 2012 was not able to repay a loan instalment of $ 100 000 owing to Grasping Bank Ltd.
Mark comes to you for advice after receiving two letters: One from United Trucks Pty Ltd requiring him to cease the operations of Sunshine Trucks Ltd in Queensland, the other from Grasping Bank Ltd threatening to sue him for $ 100 000. Advise him, citing all relevant legal authority.

Rationale
This assessment item will allow you to demonstrate:
• Your knowledge and understanding of corporations law relating to company contracts and members' remedies;
• Your ability to apply legal rules to more complex hypothetical practical situations;
• Your ability to conduct research using provided materials as well as other resources;
• Your ability to structure your answer and use a clear writing style by identifying issues, stating the law, applying the law and reaching a conclusion; and
• Your ability to apply academic standards of presentation and referencing
• Your ability to undertake an assessment task with relevance to the workplace.
Marking criteria
The assignments in LAW504 Business and Corporations Law are designed to give students the opportunity critically to evaluate legal problems and to apply the law to them. Problem questions will be marked taking into account the following criteria:
CRITERIA FL P CR DI HD
Students are required to answer two problem type questions in order to demonstrate: At this level you will obtain a mark of 0-49%. A mark in this range indicates that a student: To meet this level you will achieve a cumulative mark of 50-64%. A mark in this range indicates that a student: To meet this level you will achieve a cumulative mark of 65-74%. A mark in this range indicates that a student: To meet this level you will achieve a cumulative mark of 75-84%. A mark in this range indicates that a student: To meet this level you will achieve a cumulative mark of 85-100%. A mark in this range indicates that a student:

Identification of relevant legal issues

Identifies no relevant issues or only a few of them. Some of these may be unclearly formulated. Clearly identifies some legal issues. May or may not formulate them correctly. Identifies and correctly formulates most major legal issues. Correctly identifies legal issues and formulates them with precision, with only minor errors. Comprehensive coverage and identification of all legal issues, which are formulated with precision.

Explanation of law and citation of relevant legal authority

Provides incorrect or limited explanation of the law using no, or only a limited range of, authority. Provides a basic explanation of the law, but with significant errors, substantiated by some legal authority. Provides a substantial explanation of the law but with some errors, substantiated by significant legal authority. Provides a comprehensive explanation of the law with few errors, substantiated by comprehensive authority. Provides a complete explanation of the law, fully supported by authority, with no errors.

Application of legal principles to the facts

Paper does not correctly apply law to the facts and / or applies incorrect law. May be descriptive, rather than putting forward a reasoned argument. Makes a basic attempt to apply the law to the facts, but applies wrong law and / or contains significant errors in the application. Applies the law correctly to most issues arising from the facts, but with some errors. Applies the law correctly to the facts so as to address all issues, with only minor errors. Applies the law to the facts so as to reach a correct conclusion on all issues, with no errors.

Compliance with the Style Guide and overall structure.
Poor, inconsistent or inaccurate use of Style Guide. Poorly structured. Inadequate or no use of paragraphs. May have disregarded the ILAC model. Limited or inconsistent use of Style Guide. Some attempt at use of ILAC model and at structuring of answer. Adequate use of Style Guide, with some errors or lapses. Uses ILAC model and is clearly structured. Uses Style Guide accurately and with only minimal errors.
Uses ILAC model. Well structured, with one main argument introduced per paragraph. Uses Style Guide comprehensively, accurately and consistently. Uses ILAC model. Extremely well structured and organised, with one main argument introduced per paragraph, supported by well-written supporting sentences.

Written expression and editing. Poor grammar, spelling and/ or punctuation. Paper gives no evidence of having been proof-read. Significant spelling, grammar and punctuation errors but the paper is readable and demonstrates some attempt at proofreading. Uses appropriate academic writing which is formal and impersonal, with a few spelling, grammar and punctuation errors. Paper demonstrates evidence of proofreading. Uses appropriate academic writing which is formal, and impersonal with only very minor spelling, grammar and punctuation errors. Paper demonstrates careful proofreading. Uses appropriate academic writing which is formal, impersonal and which contains no spelling, grammar and punctuation errors. Paper demonstrates careful proofreading.

Presentation
STYLE GUIDE

Please comply with the following rules:

1. Do not re-state the question.

2. Use in-text referencing. Do not use footnotes.

3. Names of statutes should be italicised, and followed by the jurisdiction not in italics, for example: Acts Interpretation Act 1901 (Cth). Note the abbreviation for ‘Commonwealth’ is ‘Cth’ not ‘Cwlth’.

4. The names of the parties must be italicised, but the citation must not, for example: Smith v Jones (1967) 345 CLR 34. You must give the full citation of a case on every occasion that you mention it.
5. An in-text reference to a book should be structured as follows: (Latimer, 2010, p. 75). There is no need to put the author’s initial. Note the positioning of brackets, stops and commas. You use ‘pp.’ only if referring to more than one page. If you are referring to a book with more than one author, the in-text reference would be as follows: (Smith et al, 2002, p. 78).

6. Do not start a new line simply because you are starting a new sentence.

7. Be careful of apostrophes: director's = of a director, directors' = of many directors, directors = many directors. Also particularly prevalent is confusion between its (it possessive) and it's (contraction of -it is-).

8. The following words always start with a capital letter: Commonwealth, State, Act, Bill, Regulation, Constitution, Parliament. Do not unnecessarily capitalise other words.

9. One should not use terms such as can't, won't, don't and shouldn't, neither should one use -ie- and -eg- in formal writing.

10. A sentence must always begin with a full word and a capital letter – so a sentence would start ‘Section 55 says…’, not ‘S 55 says…’ or ‘s 55 says…’

11. Start each paragraph on a new line, and leave a clear line gap after the preceding paragraph.

12. You must put page numbers on your assignment.

13. Quotations, and excerpts from legislation which are longer than two lines should be indented from the rest of the text in a separate paragraph. The text in quotations should not be in italics.

14. You must end your assignment with a bibliography that is divided into three parts, listing statutes, cases and books / articles.

15. A listing of a book in a bibliography should appear in accordance with the following format: Latimer, P (2010). Australian Business Law, 29th ed, North Ryde: CCH. If listing a book with multiple authors, do so as follows:
Heilbron, G, Latimer, P, Nielsen, J and Pagone, T (2008). Introducing the Law, 7th ed, North Ryde: CCH.
16. When listing statutes at the end of your assignment you should conform to the format: Acts Interpretation Act 1901 (Cth). List the statute only once – you do not list individual section numbers relied on. You should not list textbooks as the source of Acts – the Act itself is its own source.

17. When listing cases conform to the format: Gordon v Richards (1976) 123 CLR 32.

18. When listing article conform to the format: Jones, J 'The new analysis of law' (2010) 4 Journal of Recent Law 34.

19. Make sure that your sentences are grammatical – it may be useful to read your assignment out loud if you have any doubts about this.
PLEASE NOTE THAT YOU WILL LOSE MARKS IF YOU DO NOT COMPLY WITH THIS STYLE GUIDE. I WILL REFERENCE NON-COMPLIANCE BY ANNOTATING YOUR ASSIGNMENT “2”, “5” ETC TO INDICATE WHICH OF THE ABOVE RULES NUMBERED 1 – 19 YOU HAVE BREACHED.