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Law - Australian Guide to Legal Citation (AGLC) - Legal Features of Sole Traders - Report Writing Assessment Answer
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Internal Code: 6CIFB
Law Assessment Answer
Assignment Task: Referencing: Referencing should be in accordance with the Australian Guide to Legal Citation (AGLC), which is linked on the Moodle site. References should be by footnote, NOT endnotes or reference lists or bibliographies. References to Acts should include section numbers. References are only necessary for Parts A, B, and C. Problem situation Your overall problem is to learn how to advise a client about business structures. You should assume that you are a business consultant whose client is proposing to set up a business, and they will seek advice on an appropriate legal structure for their business. They do not want advice on tax because they will get tax advice from their specialist tax accountant, but they do want advice on the legal aspects of choosing a business structure. They also tell you that they do not want advice on trusts, because they previously had a trust and found it too confusing. You should limit your advice to the three most common structures – sole traders, partnerships and proprietary companies. You should assume that I am your supervisor and I have set you these tasks, and I want you to provide reports to me on each stage of the task so I can be sure that you are doing a good job. Parts A, B and C are written reports, and Part D is a YouTube video. Preliminary task You should review the main legal features of sole traders, partnerships and proprietary companies. You will need this knowledge, as well as the more detailed research that you do in Parts A, B and C, to interview your client and give advice. Part A Business structures need to be set up at the outset and then administered throughout the life of the business. In this part, you need to explain and compare the set up and administration costs and the administrative burdens of sole traders, partnerships and proprietary companies. Part B In this part, you need to compare the liability of partners to the liability of individuals involved in a proprietary company under contracts entered into with outside parties. Part C In this part, you need to compare the duties owed by partners to each other and the duties owed by directors in companies. Part D (YouTube video, the maximum duration of 6 minutes) In this part, you report on an interview with a client in which you give advice and get their responses. This is NOT a video of the interview itself. It is a video of you reporting back to your supervisor after the interview. You conduct the interview first and then do the video. The purpose of this part is for you to use the research you have done on the business structures to conduct an interview with a real person or persons (pretend clients) who are in a business, or interested in setting up a business. You advise them on the various business structures they might use for their business, and to get their feedback on what factors would be important to them for their particular business. They are likely to be a friend or family member, but in any event, they need to be willing to answer your questions. It doesn’t have to be an existing business; it may be a business they dream about setting up. You should tell them that it is an imaginary exercise for the purpose of your studies, but you would like real information if they don’t mind giving it. You must make sure that they do NOT think that they are getting real legal advice from a qualified person, or that the advice will be verified or approved by the university. After you have conducted the interview, you then report back on it in the form of a YouTube video. You have a lot of freedom about how you structure your report and what weight you give to various aspects, but I am interested in things like:- how the client responded to your advice;
- how you followed that up by providing more advice or discussing certain aspects;
- any particular features of the client’s business that impacted the decision on business structure; • what you learned from the interview process and how you might do it differently in the future if you had another opportunity;
- whether you think the client was acting sensibly or making poor decisions (despite your best efforts to advise them properly). I do not expect you to report on all these things, and some of them might not arise in your case, but they give you an idea of the sort of things that are of interest. Although the report has to give me an idea of what law you are explaining to the client so that I can understand the client’s responses, you do not have to repeat legal details that you have already given in Parts A, B and C. So you can say things like: “I gave him advice about the duties of partners and he responded ...” OR “I explained the liabilities involved in a company and she said ...”. OR “I described the fiduciary duties of directors of a company and he said ...”. If you advise on things, not in Parts A, B and C you might need to give more detail so that I can understand it. So this part shouldn’t have a lot of law. I’m more interested in your interactions with the client about their business situation and how the law impacts that. In most initial interviews with the client, you need to:
- A cover page including your name and student number and word counts for Parts A, B and C, and time duration for Part D.
- Your written reports for Parts A, B, and C;
- A link to your Part D YouTube video which is accessible to the marker. This means that the link must be set to ‘Public’. It is possible to set it to a more private setting, but many students seem to mess that up, so it is not recommended. If your video will not play for the marker, you will get no marks for it.
- Proper referencing in Footnote form using the Australian Guide to Legal Citation
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