Order Description

please completely follow the requirements.
COMMERCIAL LAW
Assignment
Due date 11pm, 4 October 2016
(Note this is later than the date stipulated in the course outline).
Length 1600 words (10% tolerance either way permitted)
Footnotes and bibliography are not included in the word count (but extended commentary in the footnotes is included).
Marks of your final mark.
Penalties Please refer to course outline for details on late penalties that apply if an extension is not requested and granted prior to the due date.
Purpose To develop and assess students’ ability to state the law and to analyse, discuss and make informed comment on a topical legal issue.
Structure and format Unlike the problem paper this is a research exercise and you should research beyond the lecture, tutorials and textbook material. Your answer should look like a journal article and you should rely on academic sources (not just articles you find through a Google search). This is not a problem question so it should not be answered in IRAC format.
Marking Criteria 1. Communication
2. Demonstrated familiarity with relevant readings and academic literature
3. Analysis, discussion and argument
4. Presentation
Presentation Your problem paper must be submitted via Turnitin by 11pm on the due date.
Papers are to be word-processed. The use of strict, professional expression is expected. Papers are to be submitted with an RSABIS Assessment Cover Sheet available from wattle, or here: https://www.rsa.anu.edu.au/rsa/current-students/forms-and-coversheets/
Ensure that the word count is completed.
Referencing Your work should comply with the Australian Guide to Legal Citation and include a bibliography. The third page is the Australian Guide to Legal Citation quick referencing citation

Instructions
You are employed as company secretary and general counsel for a private training provider, Education Overload Ltd. The CEO has read the following recent article:
http://www.abc.net.au/news/2016-05-16/careers-australia-admits-breaking-consumer-law-accc/7418218
The CEO has asked you to prepare a briefing paper for the board of directors on this case.
In your paper you should outline what happened and how these actions were in breach of the law and identify the laws that have been breached. You should include in your paper reference to the relevant powers of the Australian Competition and Consumer Commission (ACCC). Your paper should also explain what a court enforceable undertaking is and what the alternative might have been. You should highlight any implications for Education Overload Ltd and the way it runs its business.
You should refer, where applicable, to cases, legislation and/or journal articles to support and illustrate your points. You only need to consider the application of the Australian Consumer Law. You do not need to consider any issues about registration of education training providers.
Resources
The ACCC’s report is available online:
https://www.accc.gov.au/media-release/careers-australia-undertakes-to-repay-commonwealth-for-vet-fee-help-diploma-courses (accessed 11 September 2016).
You can access research materials electronically from the ANU library site. Useful legal databases include:
• LexisNexis AU: for cases and journal articles
• FirstPoint (Legal online): for cases and journal articles
• HeinOnline: for journal articles (this service has a large number of Australian journals)
• Westlaw AU: for journal articles
Australian cases and statutes and some journal articles can be found at: http://www.austlii.edu.au

Australian Guide to Legal Citation

Quick referencing guide
(Prepared by Associate Professor Keturah Whitford)
For further detail refer to the Australian Guide to Legal Citation.
Examples:

Cases: (see pp 37 – 46 AGLC)
Donoghue v Stevenson [1932] AC 562.
Note that the case name is in italics. The citation is not.

Legislation: (see pp 64 – 70 AGLC)
Civil Law (Wrongs) Act 2002 (ACT)
Note that the name of the Act and the year are in italics. The jurisdiction is not.

Books: (see p 89 AGLC)
Stephen Graw, David parker, Keturah Whitford, Elfriede Sangkuhl and Christina Do, Understanding Business Law, (LexisNexis, 7th ed, 2015).

Journal articles: (see p 81 AGLC)
Justice Michael Kirby, ‘Is Legal History now Ancient History?’ (2009) 83 Australian Law Journal 31.

Websites: (see pp 116 – 119 AGLC)
International Whaling Commission, IWC Information(29 September 2009) <http://www.iwcoffice.org/commission/iwcmain.htm>.

Quotations:

In the body of the text and in the footnotes, short quotations (of three lines or less) should be incorporated within single quotation marks. Long quotations (of more than three full lines) should appear indented from the left margin, in a smaller font size, and without quotation marks. Legislative and treaty extracts, regardless of length, may also appear this way. Where a long quotation appears in a footnote, the citation of the source should appear on the line directly preceding or following the quotation.

Subsequent references: (see pp 7 – 8 AGLC for general subsequent references and pp 62 – 63 for subsequent references to cases and pp 78 – 79 for subsequent references to legislation)
Subsequent references (general)
In the list below footnotes 2, 3 and 5 are all to Stephen Graw, David Parker, Keturah Whitford , Elfriede Sangkuhl and Christina Do, Understanding Business Law, ( LexisNexis 7th edition 2015).
1. Stephen Graw, David Parker, Keturah Whitford, Elfriede Sangkuhl and Christina Do, Understanding Business Law, (LexisNexis 7th edition 2015).
2. Ibid.
3. Ibid 123.
4. Donoghue v Stevenson [1932] AC 562.
5. Graw et al, Understanding Business Law, above n 1, 23.

Subsequent references (cases)
In the list below footnotes 2, 3 and 5 are all to Donoghue v Stevenson. Use ibid if the previous footnote is the same. Use a short title where there has been an earlier footnote and other footnotes intervene.
1 .Donoghue v Stevenson [1932] AC 562.
2. Ibid
3. Ibid 565-570.
4. Commonwealth of Australia v Introvigne (1982) 150 CLR 258.
5. Donoghue [1932] AC 562.

Subsequent references (legislation)
In the list below footnotes 12, 13 and 15 are all to the Northern Territory National Emergency Response Act 2007 (Cth). You can use a short title (given at the first reference in brackets) for subsequent references.
12 Northern Territory National Emergency Response Act 2007 (Cth) s 3 (‘NTNER Act’).

13 Ibid s 8.

14 Commonwealth of Australia v Introvigne (1982) 150 CLR 258.
15 NTNER Act s 5.