AUSTRALIAN LEGISLATIVE SYSTEM

Business Laws in Australia

Introduction1

Overview of Australian Business Law1

Question 1 - Wilson vs. Mega Complex Pty Ltd2

Scenario Assessment2

Improper Contract Arrangement3

Vagueness on Service Delivery4

Legal Implications5

Relevant Cases5

Commercial Bank of Australia Ltd v Amadio (1983)6

Legislative Findings6

Overview of Australian Employment Contract Laws7

Question 2 - Walter Bunsen vs. Test-Tubes Laboratory Pty Ltd8

Scenario Assessment8

Formation of an Implicit Contract8

Possible Breach of Employment Contract9

Legal Implications10

Relevant Cases11

McDonald v State of South Australia (2009)11

Thomson v Orica Australia Pty Ltd12

Legislative Findings12

Conclusion13

References14

Business Laws in Australia

Introduction

The paper aims at assessing business laws in the Australian legislative system. The paper provides an overview of Australian business and employment laws in order to develop a strong foundation for effective legislative evaluation and scenario findings. In the light of provided instructions, the paper attempts to assess current business scenarios with the support of applicable Australian laws. In addition to this, scenario assessment and legislative findings on the given scenarios are backed by the evidence collected from relevant case laws. Finally, the paper provides conclusion on the overall understanding of the subject matter.

Overview of Australian Business Law

Since inception, business and trading activities on the continent of Australia have been prospering and flourishing on day-to-day basis (Lawlink, 2012, p. n.d.). Among various other factors, effective legal system is an inevitable element of the current economic growth and national progress of the country. From a very basic contract between two small scale consumers to relatively huge size transactions of commercial and corporate level are under close scrutiny and surveillance by the legislative framework of Australia (Australian Government, 2012, p. n.d.).

Business and trading activities in Australia are monitored and practices under a national statutory framework to promote fair transactions between consumers and businesses. Australian Competition and Consumer Commission (ACCC) hold the authority to set and enforce such framework across the country (Australian Trade Commission, 2013, p. n.d.). In the pursuit of fair, authentic and legally acceptable business activities, there are laws that protect all involved parties against misguide or unfair treatment. For example, Australian Consumer Law (ACL) is designed to protect consumer rights against unfair terms of the contract. Similarly, Fair trading laws are enforced to promote fair competition and business rivalry across different industries (Australian Trade Commission, 2013, p. n.d.).

Question 1 - Wilson vs. Mega Complex Pty Ltd

In the present scenario, Mr. Wilson acquired services from Mega Complex under a brief contract. Lack of clarity and need to engage in a proper negotiation seems to be the basic reason that led the two parties towards such situation. A final piece of advice to Mr. Wilson will depend upon the legal existence or breach of the contract. Hence, methodical study of the present scenario brings following points in notice:

Improper contract arrangement

Vagueness on service delivery

Legal implications

Scenario Assessment

In the given scenario, Mr. Wilson apparently entered into a contract with Mega Complex Pty Ltd; where contract arrangements took place between Mr. Wilson and Mr. Baldwin. The standard hire contract between the two parties may be enforced under the Fair Work Act 2009 or general hire-purchase agreement laws of ...