Citation standard Australian Guide to Legal Citation 3rd
I would have to submit this assignment via Turnitin in Blackboard so donot run plagiarism report or upload it in way that may interfere with turnitin result.
Janice works part-time for an accounting firm in Brisbane and is completing the professional requirements to become a certified practicing accountant (CPA). She recently attended a conference and, after speaking with some small business owners, realised that there is a demand for low-cost, online bookkeeping services in her area.
Janice is keen to make some extra money to support herself and she has some previous experience in bookkeeping, so she decides to set-up an online business. She calls her business ‘Debits and Credits’ and she chooses the following slogan to try to stand out from other, similar services: Brisbane’s Best Option for your Book-keeping Needs— Certified Results! She puts this on all her official communication as well as on the website and a Facebook page she sets up for her business. Her website and Facebook page also includes that she has a Bachelor of Business (Accounting) degree and that she has six years of experience working for an accounting firm in various roles. She does not mention her CPA studies.
Janice’s friends are keen to help her, so they rate her business as ‘five stars’ on Facebook and post many favourable testimonials about the quality of her work—even though they are not actually her customers. Janice decides to leave the testimonials on the Debits and Credits’ Facebook page until she has more clients as she thinks it makes her business look more successful and professional.
Janice takes on a local concreting company as a new client. The owner, Darren, is very happy with Janice’s bookkeeping and payroll work. Darren sends Janice an email asking for advice about his business with the hope of minimising his tax requirements. Janice doesn’t have much experience with tax, but she really wants to keep Darren as her client so she researches his issue and sends an email back explaining potential options to him.
Darren follows the advice in Janice’s email. Unfortunately, even though she thoroughly researched Darren’s question, Janice failed to identify that Darren’s business is set up through a family trust. This means the advice she gave him was incorrect – and Darren has just received a large tax bill, including penalties, from the ATO. He is very upset and telephones Janice to tell her that he’s going to see his lawyer and sue her for negligence because ‘CPAs should give proper advice!’
Task – Problem Solving Questions
1. In setting up her business or through her online presence has Janice breached any provisions of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (also known as the Australian Consumer Law)? Why (or why not) might she be liable under the legislation?
In your report, please identify all possible breaches of the Australian Consumer Law relevant to Janice in setting up her business, her website and Facebook page and discuss the likelihood of these breaches being successfully argued (including defences if any ignore this.) Use case law examples where possible to support your arguments and cite the relevant section(s) of any legislation used.
2. Does Darren have a potential claim in negligence against Janice for the incorrect advice she gave him (and does she have any defences)?
Hints:
Starting points for this problem include:
1) Format for responding: ILAC / IRAC system
2) Areas of law for review purposes and potentially related cases and sections of the Act. This may include, for example, discussion of consumer protection under the Competition and Consumer Act 2010 (Cth) – and more specifically under the Australian Consumer Law Also review tort material for any potential relevance and cross referencing to discussion in the text book Business and Corporations Law Fitzpatrick
https://www.legislation.gov.au/Details/C2011C00722/Html/Volume_3#_Toc303000743
3) Keep your discussion to the area of tort and contract law – do not go into professional admission/disciplinary standards or equivalent areas.
4) More broadly check sites such as the ACCC
5) Keep discussion of law specific . Give the specific section number of the Act.
Include: Referencing, bibliography, endnotes/footnotes .
Citation standard Australian Guide to Legal Citation 3rd
I would have to submit this assignment via Turnitin in Blackboard so donot run plagiarism report or upload it in way that may interfere with turnitin result.