Country : Australia
Assignment Task    

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You are a junior lawyer in a law firm in the Melbourne CBD. Your boss has placed four files on your desk. The files contain the following scenarios involving your clients. You are to answer all questions and each question is worth 25 marks each with a total of 100 marks for the assignment.

Scenario One

Patricia is one of our clients. Patricia is 94 years old. Despite her age she is in very good health. Her 18 year old grandson, William, was visiting her for the afternoon. William told Patricia that he would love a new Ipad for his birthday that is coming up. Patricia isn’t too sure what an Ipad is, but she knows from William they cost about $1500. Patricia doesn’t know what these Ipad things look like so she decides it would be easier if she transfers the money into William’s account.
Patricia has used internet banking a few times before and she is confident she knows how to do it.

She knows she has William’s bank details written down as she did the same thing for William at Christmas time. She finds the paper and enters the details in and makes the payment the day before William’s birthday.

At William’s birthday dinner, Patricia says to William that she has placed the money into his account. William, who is a bit of a spoilt brat, rolls his eyes and says: “Nanna, I haven’t received any money.

What on earth have you done?” William shows Patricia his bank account on a smartphone app. William then helps Patricia look at her own bank account online. William can see Patricia has made a payment of $1500 but the account number entered is not his account. William can see that Patricia entered William’s name but the account number is wrong.

In the free text identifier, William can see Patricia wrote ‘for your ipad, love nanna Patricia’ Patricia is very embarrassed and apologises to William.

Scenario Two

Malcolm is Amy’s son. Malcolm runs his own business selling bright green wigs. His business is not doing very well and is experiencing financial difficulty. His bank told him that they will only lend him money if someone acts as guarantor. Malcolm asks his mother, Amy, whether she would help him by being a guarantor for his loan. Amy agrees but she is not really sure what a guarantor is meant to do. Malcolm says: “Don’t worry, dear Mother! It’s just a formality that the banks use. No bigdeal.” A week later, Malcolm and Robert (the bank manager) show up at Amy’s house. Amy shows them in. Malcolm pulls out a piece of paper and says, “Mummy, I just need you to sign here”. Amy says, “I’m not sure what all this is about but I just don’t want to anything to happen to my house.” Robert and Malcolm both say that everything will be fine. Amy signs the document, where it says ‘Guarantor.’ A few months later, as the demand for bright green wigs remains low, Malcolm goes out of business.Despite the loan, it wasn’t enough to avoid financial ruin. Amy receives a letter from the bank that says because she was guarantor of Malcolm’s loan, the bank needs to sell her house so they can recover the $180,000 still owing.


Scenario Three

Abid is a chef from Singapore who recently moved to Melbourne. He is keen to open up a Café in Richmond. He finds a great place to lease on Bridge Road. He signs a lease with the property owner, Jerry. Abid cannot afford to buy the kitchen equipment (i.e. dishwasher; industrial cooker; coffee machine etc.) outright so he gets a loan from Shonk Bank for $100,000. A term of the loan agreement was to register the equipment on the Personal Property Securities Register. Registration occurred. The
equipment was then delivered to Abid. Abid opens the café but it doesn’t do very well. In fact, it is a terrible failure. After a few weeks, he is unable to keep up the payments to Jerry and other suppliers. After another month of not receiving his rent, Jerry changes the locks on the premises and says that until his rent is paid in full, he has complete ownership and an interest over everything inside.


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Scenario Four

Your client, Fumex Pty Ltd, is a furniture retailer based in Melbourne. Late last year, Fumex placed an order with the China-based manufacturer for $6million AUD worth of furniture. At the request of the Chinese manufacturer, Fumex placed the order with Xin Pty Ltd. Xin Pty Ltd is wholly owned and controlled by the Chinese manufacturer. The agreement was that $3million AUD was to be paid now and the balance to be paid upon delivery. Fumex deposited $3million AUD into Xin’s account at the Melbourne Branch of Westpac. Xin and the Chinese entity both told Fumex that they will let them know when the goods will be ready for shipping but expect delivery in about 3 months. 6 months elapse and the goods have still not been delivered. Fumex then asks Xin for a refund of their money. Xin refuses, saying: “Hahaha. No”. Fumex then commences legal proceedings against Xin for breach of contract. The litigation is expected to take 2 years. Fumex knows Xin is just a small shopfront for the Chinese parent company and is unlikely to have assets other than Fumex’s deposit that would satisfy the damages sought of $3million AUD.
 

 


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