Case Study No 1
Maximum 500 words.
Briefly explain how the Competition and Consumer Act 2010 (Cth) (the Act) became law (including the legislative steps involved) and how the Australian Consumer Law applies as law in the various states. On what date did it become law?
Some Commonwealth, State and Territory Acts permit conduct that would normally contravene the Act. Provide the relevant legislative authority and mechanisms by which this is allowed?
Give examples of two Victorian Acts which may permit such conduct.
There is no need to discuss any substantive provisions of the Consumer Law.
Guide to Formal Presentation
- The answer should be typed on A4 paper, on one side of the paper only, and with a margin of at least 4 cm.
- Formal language should be used so avoid jargon, slang and colloquial abbreviations such as “don’t”. Ensure that you use correct spelling.
- Headings and subheadings may be used if you think that this would assist the presentation of your material.
Referencing sources of information
Avoid plagiarism by referencing your sources. Sources must be referenced where:
- You are using someone else’s ideas
- You are quoting directly from a source
- You are paraphrasing someone else’s views
(See Crosling G.M. and Murphy H.M How to Study Business Law- Reading, Writing and Exams, 3rded, 2000, p 122).
Citation of cases
When you first refer to a case, you should cite the case in full, either in the text or in a footnote e.g. Mabo v Queensland (No 2) (1992) 175 CLR 1. The case name should be italicised or highlighted in some other way e.g. underlined or placed in bold letters.
When subsequently referring to the case, it is acceptable to use a common name for the case, such as “Mabo’s case” or “Mabo”.
Where a particular page or paragraph in the case is referred to, then the page number or paragraph number must be given e.g. “Mabo’s case at 9” indicates that the information came from page 9 of Mabo’s case. There is no need to write “page” or an abbreviation of the word page.
Citation of statutes
When citing a statute, the name of the statute should be italicised and the jurisdiction should appear in brackets after the name e.g. Commonwealth of Australia Constitution Act 1900 (UK).
When a particular section in the statute is being relied on, then the section should be specified e.g. section 1. It is acceptable to use the abbreviation “s” for “section” or “ss” where more than one section is being referred to e.g. s 1 or ss 5, 6 and 7. However, when a sentence begins with a reference to a section, the word should always be written in full e.g. “Section 1 of the Commonwealth of Australia Constitution Act 1900 (UK) provides that …”
When initially referring to secondary sources such as books, the author’s name and initials, full title of the book, edition (if relevant), publication date and page number should be given e.g. Crosling G.M. and Murphy H.M How to Study Business Law- Reading, Writing and Exams, 3rded, 2000, p 122.
A bibliography listing all books and articles (not cases or statutes) used in the preparation of the assignment should appear at the end of the answer.
Guidance from textbooks
Use your prescribed textbook and recommended texts as a guide to the way in which cases, statutes and secondary sources are cited and the manner in which legal arguments are structured.