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HOLMES INSTITUTE
FACULTY OF
HIGHER EDUCATION
HI6027 Business and Corporate Law Group Assignment T3 2020
Assessment Details and Submission Guidelines
Trimester
T3 2020
Unit Code
HI6027
Unit Title
Business and Corporate Law
Assessment Type
Group Assignment
Assessment Title
Case Studies of Business Law and Business Structures
Purpose of the
assessment (with ULO
Mapping)
The purpose of the Group Assignment is to provide students with an opportunity to
work in a collaborative environment in solving two case problems by citing the relevant
legal rules and cases and applying these to the facts of the case.
In this Group Assignments, students are required to:
– Understand the basic principles of Contract Law and the Law of Tort and apply them
in business circumstances. (ULO 2)
– Analyse the legal environment in which business structures operate and evaluate their
use in a commercial context. (ULO 3)
– Apply correct legal methodology, specifically to apply the IRAC (Issues, Rules
Argument, Conclusion) framework to solve legal problems. (ULO 5)
Weight
40% of the total assessments
Total Marks
40%
Word limit
Group Written Report of maximum 2,000 words
Due Date
Week 10
Submission
Guidelines
• All work must be submitted on Blackboard by the due date along with a completed
Assignment Cover Page.
• The assignment must be in MS Word format, no spacing, 12-pt Arial font and 2 cm
margins on all four sides of your page with appropriate section headings and page
numbers.
• Reference sources must be cited in the text of the report, and listed appropriately
at the end in a reference list using the AGLC style.
Page 2 of 8
HI6027 Business and Corporate Law Group Assignment T3 2020
Assignment Specifications
Purpose:
The Group Assignment aims to provide students with an opportunity to work in a collaborative
environment in solving two case problems by citing the relevant legal rules and cases and applying
these to the facts of the case.
Students are to form groups, with a minimum of 2 and a maximum of 4 students per group. The
assignment consists of a 2,000-word written report.
Instructions: Please read and re-read carefully to avoid mistakes.
Group Report
1. This group assignment consists of 2 parts. Part A is a question on Contract Law, and Part B is a
question involving Business Structures. Both questions must be answered. Each question is worth
20 marks.
2. The total word limit for the group report is 2,000 words (+/- 10% allowed) with each part having a
maximum word count of 1,000 words. Word count limits are strictly enforced. A deduction of two
(2) marks will be imposed for every 50 words over the word count for either part of the report.
Anything over the word count will not be read by your lecturer.
3. The total word count for the report as well as each part must be clearly written on the cover sheet
of the assignment. A paper will not be marked if the word counts are not written on the cover
sheet.
4. The group report is worth 40% of total marks in this unit.
Important Reminders:
• You must form your groups by self-enrolment in Blackboard. Please refer to the document “Group
Assessment Self Enrolment Tutorial” that has been posted in Blackboard (under announcements
and also in “Assessments” folder). This document will assist you with the process of self-enrolling
in a group to undertake an assessment task in Blackboard Ultra.
• All group report submissions must be de done online and run through SafeAssign. No hard copies
are to be submitted. Only one group member needs to submit for the whole group.
• You must attach as the official Holmes Institute cover sheet to your group report and upload on
Blackboard.
• Group report must be submitted via SafeAfssign on Blackboard and show a similarity percentage
figure. Any group report that does not show a SafeAssign similarity percentage will not be marked
and be required to re-submit.
• Late submissions will be subject to Holmes Institute policy on student assessment submission
and late penalties (please refer to subject outline and Student handbook).
• All reports are expected to observe proper referencing in accordance with the Australian Guide
to Legal Citation (AGLC). A copy of the AGLC has been posted in the Week 2 tutorial folder.
You may also download a copy for free via this link:
https://law.unimelb.edu.au/__data/assets/pdf_file/0005/3181325/AGLC4-with-Bookmarks-1.pdf
Page 3 of 8
HI6027 Business and Corporate Law Group Assignment T3 2020
• In general, for written reports, a SafeAssign similarity percentage of 25% or below is acceptable.
Regardless of the similarity figure, all group reports must use in-text citation and observe proper
referencing rules.
• All assignments are expected to strictly follow Holmes Institute’s Academic Conduct and Integrity
Policy and Procedures. A copy of the Policy is available on the Holmes Institute home page.
(About Holmes > Policies) This policy is also explained in your Student Handbook.
• Plagiarism and contract cheating in any form will not be tolerated and will have severe
consequences for the groups found committing the same, including receiving zero (0) for the entire
assignment and possible failure in the unit.
• Any group assignment that is found to contain fake or bogus references or references that are
clearly irrelevant to the subject matter of the assignment will receive an automatic zero (0) mark.
• IMPORTANT: Identification of individual work. To ensure that all students participate
equitably in the group assignment and that students are responsible for the academic integrity of
all components of the assignment, each group must complete the following table which identifies
which student/students are responsible for the various sections of the assignment:
Assignment section
Student/Students
This table needs to be completed and submitted with the assignment as it is a compulsory
component required before any grading is undertaken.
Marking criteria
Weighting (%)
Group Report
– Identification of material facts involved in problem question
8%
– Identification of legal issues / legal question and relevant law
10%
– Thorough yet succinct application of law to material facts
10%
– Citation and referencing
8%
– Professional quality
4%
TOTAL Weight
40%
Page 4 of 8
HI6027 Business and Corporate Law Group Assignment T3 2020
Assignment Questions
Part A: Contracts Law Question (20 marks)
• Read the Contracts Law question below.
• In 1,000 words (+/- 10% is allowed), answer your chosen question using the IRAC method.
• Your answer must be supported by relevant principles of Australian law and cases decided by
Australian courts (preferably the High Court) and/or scholarly articles. A minimum of 3 genuine
and relevant references are required for this part of the report.
• The full citations for all sources cited in your answer must be listed in a Reference list at the end
of the Part A question.
• In addition, any online sources cited in your answer and listed in your Reference List must include
a valid hyperlink that allows access to the full text of the source.
Wilona was married to Wilbur for 40 years. She was devastated when he passed away. She
had been very reliant on him and left all their business matters to him. She had always been
a religious person and turned to her faith for solace.
She was visited by her local priest, Father Devout. She talked about her situation with him
and concluded that she should sell her matrimonial home and move into a small unit. Father
Devout was himself looking for a new home after the church had informed him that it would
be selling the bungalow adjacent to the church building in which he currently lived as a costcutting exercise. He mentioned this fact in passing and Wilona insisted that she sell her house
to him. When he asked how much she would want for the property, she said she had no idea
of its worth. However, she had heard a neighbour say that a house in the street had sold for
about $200,000, but, because she knew that her house would go to someone deserving, she
would sell it to him for $100,000. This was in fact half its true value. She wouldn’t take no for
an answer and Father Devout knew her to be someone who would obstinately insist on
something once her mind was made up.
Wilona needed a bridging loan to purchase her unit. She does not trust banks and instead
approached Sly, a fellow parishioner. Sly was a wealthy businessman, who told her he would
give her the necessary funds if she signed a receipt for it so he ‘would have something to
show the taxman’. In fact, the “receipt” was a basically-worded loan document, which
provided that she was liable for interest at twice the rate that she could have obtained from a
bank. Wilona signed the document without reading it because she thought Sly, as a fellow
churchgoer, was “a good man”.
Wilona’s son and daughter have just flown in from their respective homes overseas and
discovered what Wilona has been doing. They seek your advice on whether she can undo
what she has done.
Advise Wilona’s children, discussing all available grounds for relief under Australian contract
law.
Page 5 of 8
HI6027 Business and Corporate Law Group Assignment T3 2020
Part B: Business Structures question (20 marks)
• Read the questions below on Business Structures.
• In 1,000 words (+/- 10% is allowed), answer the chosen given question.
• A minimum of 3 genuine and relevant Australian legal references are required for this part of the
report. Examples of relevant references for this question include the Corporations Act 2001 (Cth);
the Australian and Securities and Investment Commission’s (ASIC) website (www.asic.gov.au),
the website of the Australian Business Register’s (ABR) website (www.abr.gov.au).
• The full citations for all sources cited in your answer must be listed in a Reference list at the end
of the Part B question.
• In addition, any online sources cited in your answer and listed in your Reference List must include
a valid hyperlink that allows access to the full text of the source.
Congratulations! You have secured a graduate position with a large firm of corporate
advisers. Jessica, a partner in the practice, asks you to attend an 8 am meeting on Monday
with herself and Julian Harris, a longstanding client of the firm. You will be required to take
notes and prepare answers to Julian’s queries.
Julian Harris is married to Samantha Patel. They have one child, Pauline, who attends a local
private school. Julian is very entrepreneurial and has been running a second-hand and
vintage clothing business in Dandenong, Victoria, by himself as a sole trader for the past five
years under the business name of Retrofit. A lot of Julian’s customers are other businesses,
both local and overseas. Turnover was $285 000 in the first year and has now grown to over
$3 million per annum.
The business operates from rented premises, but Julian would prefer to buy a building.
Currently, Retrofit employs eight staff. Julian has plans to expand the business further. He
also wants to diversify into food and catering in the near to medium term.
Julian’s mother, Bev, is a retired accountant and he regularly asks her for advice. Bev
suggested recently that Julian should structure his business as a company. Julian is unsure
about this. He makes an appointment to see Jessica.
Prior to the meeting, you review Julian’s file and note that he and Samantha have the
following assets.
• A family home in Hawthorn with a market value of $1.25 million. There is a mortgage
on the property of $561,000. The house is owned by Samantha. The house was
previously owned by Julian and Samantha, but when Julian started up his business, it
was decided to transfer the house solely to Samantha for asset protection reasons.
• A share portfolio. Julian and Samantha jointly own 1000 Telstra shares, which cost
them $3.30 per share, and 500 Commonwealth Bank shares, which they bought when
they first married. The Commonwealth Bank shares cost them $10.90 per share. The
Telstra shares are currently worth $3.09 per share and the Commonwealth Bank
shares are worth $61.00 per share. The shares are intended as an investment for
Page 6 of 8
HI6027 Business and Corporate Law Group Assignment T3 2020
Pauline — they will be given to her when she turns 21. Julian and Samantha also
jointly own a portfolio of blue chip Australian shares currently valued at $145,957.
• Two motor vehicles. Samantha owns a BMW Series 7 worth $135 000. Julian owns a
VW Transporter Van worth $18,000, which he uses for the business.
• Office furniture and equipment. During the course of the year, Julian bought
computers, desks, other office furniture and shelving for the business which cost him
approximately $23 000. Their current value in the financial accounts is $8650.
• Superannuation. Julian has $190,568 in superannuation and Samantha has $136,000
in superannuation.
In addition, Samantha works as a sales and marketing manager in the city for a financial
services company. She is on a total salary package of $155,000.
At the meeting, Julian hands over last financial year’s business results and his draft budget
of sales and expenses for the coming financial year. The budget for the new year shows
expected sales of $3,764,000 and a net profit of $637,979.
Issues to be considered
During the meeting, Julian has a number of questions relating to important issues surrounding
the future of his business. The issues arising include the following.
• What options does Julian have to structure the Retrofit business?
• Julian still wants to run the business — he wants to be in control. How would other
business structures differ from just Julian as a sole trader?
• Is Bev correct to suggest that Julian should set up a company to run the business?
Why? What are the advantages and disadvantages of the different types of business
structures?
Page 7 of 8
HI6027 Business and Corporate Law Group Assignment T3 2020
Marking Rubric
Group Report
Total marks
available: 20 marks
per question
Excellent
Good
Satisfactory
Unsatisfactory
Identification of
material facts
involved in problem
question
(8 marks)
7.5 to 8 marks
Completely
identifies all
relevant facts of
case
6 to 7 marks
Identifies most of
the relevant facts
of case
4 to 5.5 marks
Identifies the
basic relevant
facts of the case
but misses other
relevant facts
Below 4 marks
Does not identify
relevant facts of case
Identification of
legal issues / legal
question and
relevant law
(10 marks)
9 to 10 marks
Correctly identifies
all relevant legal
issues and are
stated in the form
of questions.
Correctly identifies
relevant and
appropriate legal
rules and case law,
and states them in
the form of
statements
7 to 8 marks
Issues correctly
identified, but
may contain
extraneous
information and
are not stated in
the form of
questions.
Legal rules and
case law correctly
identified, but
may contain
extraneous info
and are not in the
form of
statements.
5 to 6 marks
Issues are not
completely
identified.
Legal rules and
case law not
correctly
identified.
Below 5 marks
Identifies incorrect or
irrelevant issues.
Identifies incorrect or
irrelevant legal rules
and case law.
Thorough yet
succinct application
of law to material
facts
(10 marks)
9 to 10 marks
Correctly identifies
facts; well
reasoned
discussion relating
facts to the rules
and case law.
7 to 8 marks
Correctly
identifies facts.
Not well
reasoned.
5 to 6 marks
Facts not correctly
identified.
Analysis
incoherent.
Below 5 marks
Scant to no analysis.
Citation and
referencing
(including minimum
number of
references)
(8 marks)
7.5 to 8 marks
Correctly cites
minimum of 6
references, in-text
and in reference
list.
6 to 7 marks
Has minimum of 6
references; or has
occasional errors
in formatting of
in-text citations
and reference list
4 to 5.5 marks
Does not have
minimum of 6
references or
contains errors in
formatting of in
text citations and
reference list
Below 4 marks
No referencing either
in-text or in reference
list; or cites
inappropriate
references; or all
references not cited in
the correct format.
Page 8 of 8
HI6027 Business and Corporate Law Group Assignment T3 2020
Professional quality
including language
use and writing
style
(4 marks)
3.75 to 4 marks
Professional
language. No
grammatical,
punctuation or
spelling errors.
3 to 3.5 marks
Some mistakes.
Does not detract
from
understanding.
2.5 to 2.75 marks
Many mistakes.
Detracts from
understanding.
Sloppy.
Below 2 marks
Reflects no real effort.
Deductions
Excess word count
(1 mark for every 25
words over)
Under the word
limit (1 mark for
every 25 word
under)
Lacks minimum of 6
references (1 mark
for every missing
reference)

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