Part A - Written Report
Instructions:
Your Manager has been very impressed with your written material prepared to date for the purposes of staff training. He has asked you to put together further written legal educational material for staff training on additional legal topics.
Your manager has provided the following three (3) fictional scenarios. For Scenarios 1 and 2, your task is to provide an analysis of the legal issue/s in each scenario and apply the relevant legal principles to provide the ‘advice' requested by the fictional parties. Your analysis and application of relevant legal principles will form part of the legal training material.
Refer to the "Case Studies, Scenarios and Problem Questions" notes at the start of the law modules. These notes offer guidance on how to write answers to these scenario or case study based assessment questions. Also refer the scenario /case study activities in the modules, for further guidance. Remember to refer to applicable case law and legislation (obtained from the learning materials) in your report. You are not expected to research outside of the learning materials.
For Scenario 3 undertake the task outlined in the Scenario.
Scenario 1
Each year Ethical Trading Group enters into a number of lease contracts, involving serious financial commitments. In particular, Ethical Trading Group rents retail premises in each Australian state. The main system of land title, under which leases are granted, is the Torrens system.
Your task: Research and briefly outline the legal principles governing Torrens title and leases. Please make sure that you have dealt with the following points:
(i) Four essential features of the Torrens system of land title
(ii) The distinction between a lease and a licence of premises
(iii) Five statutory requirements for retail leases
Scenario 2
When Sheldon and Penny were unsuccessful in obtaining business finance from several of their local banks they approached a city finance company. Although initially only seeking to borrow $50,000 the lending officer at the finance company produced projected figures' and talked Sheldon and Penny into borrowing $150,000 secured over their Strata title home unit. This being their first business venture, Sheldon and Penny simply relied upon the figures prepared by the lending officer. Without receiving any further advice, they signed the loan contract and mortgage, and the mortgage was registered on the title to their home unit.
It soon became clear that the ‘projected figures' were unrealistic and Sheldon and Penny are now struggling financially. Their new business is not making sufficient profit to cover even
the interest on the loan and they are worried that the finance company will enforce the mortgage and take their home unit.
Advise Sheldon and Penny.
Important Note:
When you are preparing the advice, please make sure that you have dealt with the following points:
(i) The remedies available to a registered mortgagee, upon default by the borrower.
(ii) Whether the loan contract and the mortgage is voidable under common law on the grounds of unconscionable conduct.
(iii) Whether the Australian Consumer Law may provide relief to Sheldon and Penny.
Scenario 3
A key part of the work of the Legal compliance team involves reviewing relevant legal sources and keeping up-to-date and current on changes to existing laws applying to the organization, or proposals for new laws.
Your task: Research and briefly outline four methods for updating legal knowledge and remaining current on Contract and Consumer Law, Corporations and Trust Law and Property Law.
When you are preparing your outline, please make sure that you have included at least one on-line method of keeping up to date and current, and one more personal method.
Part B - Presentation
Scenario
As a member of the Ethical Trading Group's Legal compliance team, you assist the team running learning and development sessions, and preparing legal educational material, for staff.
You are presently working on compliance material in relation to contract and consumer law as well as corporations, trusts and property law. All new staff must complete an in-house legal compliance course as part of staff induction. As a rehearsal for an upcoming staff induction you are required to present an outline of Scenario 2 (Advise Sheldon and Penny).
Instructions:
You are now to present a summary of Scenario 2 (Advise Sheldon and Penny) to your Legal Manager using PowerPoint (maximum of 6 slides). Present will be your ‘Legal Manager' and a ‘Junior Legal Assistant' (playing the role of client). The presentation will need to be recorded as audio or video recording and must be approximately 5 minutes in length. Please access the Case Study PowerPoint Template to help you complete this assessment. This file is also available in the Ethical Trading Group folder in the Additional Resources for this course.
You will require the help of two people to complete this assessment, one to play the role of the ‘Legal Manager' and another to play the role of a ‘Junior Legal Assistant'. These two people can be drawn from colleagues, family or friends. You will be interacting with both people in this presentation, so they will be working from ‘Briefing notes' which can be found in Appendix A of this assessment. Each of the participants must ask the questions that have been allocated to them (i.e. different questions have been allocated for Participant 1 and Participant 2).
At the conclusion of your presentation, each of the participants must then complete the feedback form which can be found in Appendix B. This provides feedback on how clearly you have conducted the presentation. You must also ensure you obtain appropriate approvals to conduct and record a presentation in this setting so meeting participants must sign the Audio/Video recording consent form (please see Appendix C for a template you can use for this).
Before you commence your presentation, review the ‘briefing notes' to ensure you will have the appropriate information to provide in your verbal responses to the participant questions.
The responses you provide to the participants' questions in the briefing notes must be completed and submitted as part of the assessment evidence for this activity.
When you have finished your audio or video recording, you will need to upload your file to OpenSpace. Click on the ‘Support' tab - then ‘Assessment' and instruction on how to do this are within the ‘Frequently Asked Questions'.
In your presentation, you need to:
1. Summarise the main issues from Scenario 2 (Advise Sheldon and Penny). This summary will be documented in the slides. Use headings and bullet points to format and present your summary of the main issues.
2. Answer the questions asked by your ‘Legal Manager' and a ‘Junior Legal Assistant' (see Appendix A). These questions can be asked at the end of your Presentation.
The presentation in Part A of this assessment, including the ‘briefing questions', is designed to allow you to demonstrate the following skills:
Skill description
- Provides instructions and presents information structuring tone, pace and content in line with the audience and purpose
- Participates in verbal exchanges using active listening and questioning techniques to elicit information from others and to confirm understanding
Appendix A: Briefing Questions
Participant 1: Junior Legal Assistant (playing role of Penny or Sheldon)
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Question
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Answer
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How can we avoid a mortgagee sale?
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Should we consider use of another structure?
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Participant 2: Legal Manager
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Question
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Answer
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What are the relevant legal principles which apply to Penny and Sheldon's situation?
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What advice would you ask a legal specialist like myself to assist you in this matter?
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