...Part A: Angela is entitled to take an action against Tony’s Pizzeria under the Australian Consumer Law, because Tony’s business use a sign, ‘we use locally grown produce for our pizza toppings’, but actually Tony used some imported tins of tomatoes and olives every week, and according to the S18 of the Australian Consumer Law, ‘prohibits a person, in trade or commerce, from engaging in misleading or deceptive conduct.’ Which mean Tony breach S18 of the ACL, because the things which Tony doing is breach with his sign.Which mean Tony breach S18 of the ACL. So, Tony’s business can be taken an action against. Part B: On my opinion, Angela is correct in her belief that Tony’s sign is misleading and deceptive. According to the Taco Company of Australia...
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...applies to you may depend on the date you entered Australia, the date you were granted a permanent visa, and whether you are a New Zealand citizen. If you have not lived in Australia as a permanent resident for a total of 104 weeks, you may be subject to a two year newly arrived resident’s waiting period for the following payments and concession cards: • Newstart Allowance • Austudy • Sickness Allowance • Pensioner Education Supplement • Youth Allowance • Mobility Allowance • Carer Payment • Commonwealth Seniors Health Card • Special Benefit • Health Care Card If you arrived in Australia or were granted permanent residence (whichever is the later) before 4 March 1997, you will not have to serve a two year waiting period. If you are an Australian citizen or you arrived in Australia before 4 March 1997 (or before 1 February 2000 if you are a New Zealand citizen - see below), and Centrelink decides that you have a newly arrived resident’s waiting period, contact a Welfare Rights Centre/Advocate for advice. □ Who is exempt from the newly arrived resident's two year waiting period? The newly arrived resident's waiting period may not apply to you if you: • hold or previously held a permanent refugee visa or a specified subclass of special humanitarian visa; • are a “family member”* of a holder or former holder of a permanent refugee visa or a specified subclass of special humanitarian visa; • were a “family member”* of a former holder of a permanent refugee visa or a...
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...is contained in IARC’s Condition 8503 – no further stay information sheet. It is important that you seek advice from a registered migration agent in relation to this. Have you had a visa refused or cancelled? Since 14 September 2009, if you have had a visa refused or cancelled since you last came into Australia you may still be able to apply for this visa. However, you must: • submit both form 47SP (completed, signed and dated by you as the applicant) and 40SP (completed, signed and dated by your partner) • submit 2 statutory declarations dated no later than 6 weeks prior with the application from – each statutory declaration must declare that you and your partner are in a married relationship and must be made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen (see form 888) • not have previously been refused a Spouse, Partner or Interdependency visa since last entering Australia, and • not have had your visa refused or cancelled on character grounds. In addition, if you do not hold a substantive visa (eg you are unlawful or hold a bridging visa) then you must meet the requirements set out below. IMPORTANT! If you do not hold a substantive visa When can unlawful non-citizens (people without a visa) or Bridging visa holders apply for the Partner visa? If you do not have a visa (for example over-stayers, unlawful non-citizens) or hold a type of visa known as a Bridging visa then you may be able to apply for and be granted...
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...Islander peoples are the traditional custodians of the Australian land. About this application form Complete this form if you wish to apply for a: • Partner visa in Australia (subclass 820/801) • Partner visa outside Australia (subclass 309/100) • Prospective Marriage visa outside Australia (subclass 300). For the purpose of this application: • Partner means your spouse or de facto partner (including same-sex partners) • Fiancé(e) refers to the person you intend to marry. This is usually your sponsor, or sponsoring partner. If you are applying outside Australia, you will be applying to migrate. If you are applying in Australia, you will be applying for permanent residence. In this form, the term ‘migrate’ covers both. Before completing this form, you should read the detailed requirements in booklet 1, Partner Migration, which is available from the department’s website www.immi.gov.au/allforms/ Further information on partner category migration is also available from www.immi.gov.au/migrants/ or you can contact the department’s enquiry line (see information box on page 5). Life in Australia – Australian values The Australian Government encourages people to gain an understanding of Australia, its people and their way of life, before applying for a visa to live in Australia. This includes understanding that the English language, as the national language, is an important unifying element of Australian society. Australian society is also united through the following shared values:...
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...assessing a Partner class visa application the Department of Immigration and Citizenship (the department) is required to consider the social aspects of the claimed relationship. Statements from persons who know you and your sponsor may be provided to support your claims. The department’s policy is that these statements be provided in the form of statutory declarations. This form is for this purpose. It is also the department’s policy that the person completing this statutory declaration form: • know both the Partner class visa applicant and their sponsor and the history of their relationship; • be aged 18 years or over; and • be an Australian citizen or Australian permanent resident. Evidence of the person’s Australian citizenship or Australian permanent resident status must be attached to this form (for example, a certified copy of the birth certificate, Australian passport or passport containing a permanent visa). Such evidence must show the current name of the person making the declaration. A person completing this declaration may be required to submit up to 3 separate declarations during the processing of the application to remain permanently in Australia. They may be contacted by the department for further comment and interview in relation to the information given in this form. Where there is insufficient space, please attach a separate sheet showing which questions the information refers to. In Australia, statutory declarations must be witnessed by a person prescribed by the Statutory...
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...Form Application for Australian citizenship General eligibility This information is provided to help you complete the application form and guide you through the application process. Important – Please read this information carefully before you complete your application. Once you have completed your application we strongly advise that you keep a copy for your records. There are 10 steps in the citizenship application process. Step 1 Eligibility – ensure that you meet the eligibility criteria Step 2 Residence requirement – check that you meet the residence requirement Step 3 Read the citizenship test resource book Australian Citizenship: Our Common Bond for the information you need to prepare for the citizenship test Step 4 Original documents – gather your original documents and have copies certified Step 5 Complete your application form Step 6 Lodge your application form with your nearest office of the Department of Immigration and Citizenship (the department) 1300t Step 1 – Eligibility You should use this form if you meet the general eligibility criteria for Australian citizenship, that is, you: • are aged 18 years or over and under 60 • are a migrant who is a permanent resident • satisfy the residence requirement (see Step 2) • are likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia, and • are of good character. The Citizenship Wizard on...
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...words) (2 marks) “ Burden of proof” is the responsibility of the retailer to compensate the consumers if their products/goods have any problems within a certain period of time given (six months of delivery). (30 words) Question 2: Based on the passage, what do you think is the aim of the “burden of proof”? Support your answers. (75-100 words) (3 marks) I think there are tow points of aim. The first point is consumer protection. Consumers could be better protected against unfair business manufacturer accountability. The second point is to hold manufacturers accountable for the products that they produce and ensure that they will be safe to use by consumers. The Lemon Laws not only protect consumers from negligent manufacturers but also those that do make an effort but simply miss a problem while not in the market. The laws oblige manufacturers and dealers alike to have an appropriate response to consumer claims. (90 words) Question 3: What do you think are the practical problems that can arise in passing the Lemon Law? How do you think it can be managed? Support your answers. (250-400 words) (10 marks) Although the Lemon Law was taken effect in some countries on the world from many years ago, in Singapore, it has just been passed on March 9, 2012 and will come into effect in September this year. Certainly there are some problems can arise in passing of the Lemon Law. Firstly, there are many dishonest customers who try to seek repairs or replacement for a product...
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...business successfully as the economy is thriving. Whereas India isn’t a well-developed country and the laws and legislation’s aren’t enforced properly. This could allow other companies to copy McDonald’s products and services without getting caught. As it is a LEDC there is less money in the economy so McDonalds may not be bought as frequently compared to the UK. Availability of transport and internet In the UK the availability of transport is excellent as the roads are good and there are very good transportation vehicles as well so the logistics for McDonald’s is excellent. This means they can get products from location to location easily and efficiently. The availability of the internet in the UK is also really good and reliable and it is quite the norm in society. This is good because McDonald’s can then use this to advertise the business. In India the availability of transport is not as good as the roads are not properly maintained and some locations would be hard to reach. This means the logistics would not be as good and it would be difficult to get products from location to location. The internet is also not that good as it is a luxury and not the average person in India would have access to it. Legal consumer protection law In the UK McDonald’s have certain legal consumer protection laws for consumers that McDonald’s have to comply with for example The consumer protection Act 1987, the sale of...
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...1) Product: Shoes The raw material is plastic, then transformed into stylish shoes and sandals, that can be used day or night, for work or party time, each shoe has its own style and message to pass on. 2) Target Market: Age: 15 – 35 Gender: Female Income: 20.000 per year and above Marital Status: Any Sexual Orientation: Any Occupation: Student, worker, stay at home mum Social Activities: Shopping, hang out with friends, drinking, dinning out, internet, movies and partying. 3) Benefits: • All shoes and sandals are made of plastic, therefore they are easy to be cleaned, and can be used in any weather. • With different styles, you can have one for each occasion, or you can use the same one to work and party, depending on your own style. 4) Brand Name: Melissa Logo: [pic] Slogan: Style at your feet Image: Fashionable Women [pic] 5) Packaging A carton box that will come in different colours and designs that can be used for storage, each shoe will come in a stylish plastic bag inside the box. [pic] 6) Promotional Deals: ...
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...combine in February last year. They have had to navigate the merger review processes in several major jurisdictions, which can frustrate the most patient of company executives. Glencore’s acquisition of Xstrata will unite one of the world’s largest producers and traders of commodities and one of the largest mining companies globally – but at what price? It was no surprise that competition authorities in those countries and regions most affected would closely scrutinize the deal. The transaction had to be approved by merger control authorities in Australia, China, the EU, South Africa and the US before the parties could close the deal. Australia was the first to give the green light. Having begun its review in April 2012, the Australian Competition and Consumer Commission (ACCC) approved the transaction in early July 2012. The ACCC cited the merged company’s “relatively low share of global production” and the existence of several...
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...is a misrepresentation, then Brad would be provided with remedies for common law misrepresentation. However, if it is a mere statement of opinion or a prediction about the future, then it would have no legal consequence[2]. In JJJ Savage & Sons Pty Ltd v Blakney[3], the purchaser was denied damages, even when he was induced to enter into the contract by a non-promissory statement. Therefore for a statement to be classified as a term of contract, the parties must have intended it to be promissory in nature. Although the courts take into account a number of other factors to define the terms of contract[4], the advertisement is unlikely to be considered as a promise. Furthermore, had the advertisement not been included in the subsequent written contract, the parol evidence rule makes it even harder for Brad to pursue his right under contract. A misrepresentation is a false statement of fact, which allows Brad the right to rescind the contract[5]. Damages are also available if the university did not believe the truthfulness of the presentation[6]. However, the university’s liability regarding misrepresentation was excluded by the exclusion clause, which was signed by Brad prior to the contract[7]. As a result, Brad would not be able to seek remedies even if the advertisement was a misrepresentation. The Advertisement - Misleading Conduct Section 18 of the Competition and Consumer Act 2010 (Cth)[8] (‘The Act’) states that a corporation shall not, in trade or...
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...Essay Australian Competition Consumer Commission (ACCC) has taken Federal Court action against Apple for misleading claims about the connectivity speed of the latest iPad. Apple had advertised on there website as an iPad with WIFI+ 4G capabilities, the tablet is unable to use the 1800MHz frequency which is Australia’s existing 4G network. The ACCC is a part of government that aims to encourage competition in a stable environment and to look after the consumer so the consumers do not believe that they are being taken advantaged of by the misleading claims. This misleading claims or a consumer being feeling cheated allows the Australian Competition Consumer Competition to intervene in behalf for the consumer. ACCC had to intervene in behalf of the consumer when apple had made misleading statements about their latest product the iPad. Australian Competition and Consumer Commission believed that apple had made misleading statements about their connectivity speed of the iPad. The basis for this intervention is to maintain or enforce competition within Australia and by the misleading claims the company apple was misleading the consumer by the reference to 4G capabilities. To maintain or even enforce competition ACCC has to intervene to allow the consumer the choice of choosing the product and to have the information about the product before making a decision on the product to purchase. ACCC intervenes to monitor or foster competition so no single market participant has enough...
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...Business Law and Ethics The Australian Consumer Law Act (Cth) Table Of Contents Page 3 - Topic & Introduction Page 4 - The Old Consumer Law System Page 5 – The New Consumer Law System Page 6 – Comparing the two Systems &The Empowerment of Consumers Page 7 – The Empowerment of Consumers cont’ & Guidance for the both the Consumer and Traders and Legal Practitioners Page 8 - Guidance for the both the Consumer and Traders and Legal Practitioners cont’ Page 9 – The Constitutional Problems & Conclusion Page 10 – Bibliography Topic To compare and evaluate the new and the old. Make comparisons and conclusions regarding changes made and what these changes will mean to both the consumer and business alike. The Australian Consumer Law Act (Cth) came into force in January 2011. Commentators have claimed that the Act will have significant impact on the rights of Australian consumers. The reality is that it will have very little positive impact on the rights of Australian consumers, for much the same reason that the previous consumer regime was largely ineffective.” “Discuss this statement. Introduction The purpose of this paper intends to explain the main differences between the old and the new Australian Consumer Law Act. There have been some major changes and some minor tweaks. There has also been a lot of debate as to whether there was any need for the changes and how exactly these changes implemented will be advantageous to the consumer. The...
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...she agreed to the terms and conditions of the buyer and sends him (seller) a cheque of $15,000 dollar by September 10, 5 p.m. This contract comes under the Australian Consumer Law which states that consumer has the right to replace, repair or refund on product and services and they are entitled to get guarantee if goods are purchase not to be re-sold. Every single contract has some terms and conditions that the parties are indulged to follow and monitor, for instance, when the buyer pays the money, the seller is indebted to deliver the right product. A term that is described with consumer contracts, it may be such that it is protected by a consumer guarantee. It is important to take into account both express and consumer guarantees when disagreements about consumer contracts arise. If you buy any good or services from a supplier, whatever the supplier claims and make promise about the product and services must be accurate and honest. If the good or services are not what it is portrayed to be, you may exercise your consumer rights under consumer guarantee and can launch a complaint to Australian Competition and Consumer Commission (ACCC) or customer protection organization (agency) for misleading and creating a false (untrue) impression on the minds (thoughts) of the buyer. Australian Consumer Law (ACL) protects consumers contrary to the making of false or misleading...
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...The law Overview of Australian contract law Formation A contract is a promise or a set of promises that is legally binding. In this context a promise is an undertaking by one person to do something or refrain from doing something if another person does something or refrains from doing something or makes a promise in return. A promise or set of promises will be legally binding if certain criteria are met. In Australia this requires that there be an agreement (comprising an offer and acceptance), consideration, intention to create legal relations, compliance with any legal formalities and that the parties have the legal capacity to contract. Agreement Consideration Intention Capacity Formalities Scope and Content A contract is generally only enforceable by and against parties to the contract. This section considers the issue of privity of contract. This section also considers the content of a contract; once formed, how do you determine what the terms of the contract are? How should the various terms by classified and how should they be interpreted in cases of ambiguity? Exclusion clauses are given special attention here. Privity of contract Terms Construction Classification Exclusion clauses Avoidance / Vitiating Factors A contract validly formed may nevertheless be avoided as a result of a number of possible 'vitiating factors'. Most of these involve some form of unfair or unconscionable dealing by one of the parties. Misleading...
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