LAWS1006 Legal Memorandum

LAWS1006

Legal Memorandums

Open Ended

What is the legal issue you are asked to investigate? (Hint: write a legal issue statement)

Business Names Registration Act 2011 (Cth): https://www.legislation.gov.au/Details/C2021C00198

ss 24, 25 & 26​

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Business Names (Availability of Names) Determination ​2015 (Cth): https://www.legislation.gov.au/Details/F2020C01133 s 7

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​Corporations Regulations 2001 (Cth): Corporations Regulations 2001 (legislation.gov.au) Volume 6, Schedule 6, Part 1

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Stasiw v ​ASIC [2015] AATA 328: Available on Lexis Advance

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Boyce v ASIC [2015]​ AATA 768: Available on Lexis Advance

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Perth Martial Arts Academy v ASIC​ [2018] AATA 3664: Available on Lexis Advance, [19]-[35] only

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Open Ended

Compare and contrast the law as applied in Stasiw v ASIC and Boyce v ASIC. Which decision is the best precedent?

Hint: See Perth Martial Arts Academy v ASIC at [36].

Open Ended

Now that you've reviewed the relevant laws, I would like you to summarise them, as you would in the 'Law' section of a legal memo. Remember to include authorities!

Relevant law:

Stasiw v ASIC (2015)

Boyce v ASIC (2015)

Business Names Registration Act 2011 (Cth) ss 24, 25 & 26

Business Names Registration (Availability of Names) Determination 2015 (Cth) s 7

Corporations Regulations 2001 (Cth) Volume 6, Schedule 6, Part 1

Hint: How are these laws interrelated? You want to create a narrative that flows.

Open Ended

Apply the law to the facts to reach a tentative conclusion as to whether the business name, KlassyKimmy Shoes, could be registered with ASIC.

Open Ended

Early finishers! Have a go at writing your introduction - include the components we discussed earlier in the session.

Poll

How confident do you feel about writing a legal memorandum for your final assignment?

• Confident

• So-so

• Not confident