Country : Australia
Assignment Task:
Robert Case Study Law Assignment Help

Question One

Your written work should conform to all appropriate conventions of grammar and spelling and legal referencing. Your footnotes/endnotes count towards the word limit. You do NOT need to include a bibliography.

Robert wanted to buy a car.  

He decided to buy a new car because he needed a car that was reliable, and he decided to look at new entrants in the Australian market because he wanted to buy something that was a good value for the price.  He settled on a new car company called “Jora” and so he went to the Jora dealership at Ryde. 

He explained to the Jora salesperson that he was a stay-at-home dad with two young sons.  He said he would be ‘using the car to run them around to soccer, school and to do the shopping’. Robert said he lived in inner Sydney and did not go on long car trips.  Robert looked at many new cars in the Jora showroom and finally settled on a new Jora Diesel SUV called a ‘Stora’ because it had plenty of room for his two young sons and their football mates and it was very economical.  The salesperson said Robert will be very happy with his Stora because ‘he has one himself, to ferry his kids around the city on weekends, and he loves it’.

Robert bought the Stora for $62,000.

The car came with a three year unlimited kilometre new car warranty.  In essence, the warranty covered all ‘defects arising from manufacture’ of the car.  

There were various exclusions to the warranty, one of which was the failure to have the car serviced in accordance with the Jora servicing guidelines every 12 months from the date of purchase.  The warranty is not invalid if the owner services their car at a non-Jora dealer but it is recommended that owners have their Jora car serviced by a Jora dealer so that the service will be done in accordance with Jora Guidelines and using Jora authorised spare parts.

Robert had the car for 11 months when an orange warning light came on.  Robert rang the dealership who advised him to drive the car on the motorway for 20 minutes at 70 kilometres an hour to complete what was called a ‘regenerative process’ which would solve the problem.  Robert did so – but the car went into ‘limp’ mode, shut down in the middle of a busy road and it had to be towed to the dealers. 

The dealer drew Robert’s attention to the Owner’s handbook of the Stora which stated:

‘This is a diesel car.  It has a self-cleaning process.  Once the amber light appears the car needs to be run at a high speed (over 60 kilometres/hour) for between 10-20 minutes due to the Diesel Particulate Filter (DPF). Self-cleaning can occur at a lower speed but this will take longer.’

The dealership said the damage was due to the way Robert drove the car and not due to a defect in the manufacture of the car itself.  They said the way that Robert drove the car was not covered by the warranty. Robert protested and said he did drive the car over 60 kilometres as he was told to do.  The dealer didn’t believe him but nevertheless, repaired the car as ‘a courtesy’ and gave Robert’s car it’s 12 month’s service while it was there.
Robert had a second incident, it occurred 6 months later. This time the DPF warning light did not come on and the light went straight to red. The dealership refused to fix his car this second time.  The dealer said the damage was due to the incorrect way the car had been driven, it was therefore not within warranty and said that as the car had been fixed the first time as a courtesy, it would not be fixed again for free.  

Robert tells you he rang up ‘someone’ at Jora who told him that the dealerships can alter the amber light to go straight to red ‘as people ignore the amber light anyway.’ Robert believes that this is what happened at the first service.


Using and applying the law as found in sections 54 and 55 of the Australian Consumer Law (and any relevant cases discussed in class) advise Robert.  

Apart from the rights under sections 54 and 55, what is the relevance of the three year unlimited kilometre new car warranty here? What possible legal rights does Robert have in relation to it and what would be his remedies?


Question Two

On the 1st November 2018 the Governor General assented to the Cash Handling Act 2018 (Cth). 

The Act provided in part as follows:

Long Title 

An Act to prevent the avoidance of taxation.

2. Definitions

Cash means any notes, coins or any other currency. 
Payments means any form of electronic funds transfer, promissory note, cheque, bill of exchange, negotiable instrument or any other form of payment.

12.  Receipt of Cash or Payments

Any person who receives any cash or payment in an amount over $10,000, without declaring it in their income tax return, shall be guilty of an offence punishable by up to 2 years in prison or a fine of up to $200,000. 


Prior to the passage of the Cash Handling Act 2018 (Cth) the Commonwealth Minister, in her Second Reading Speech, said the following:

Cash and bartering are particularly difficult to regulate.  People who avoid paying tax through making cash payments and bartering for items must be stopped - this will get our country back on its economic track.

Susan runs a small business selling cakes.  

On 2 November 2018, Susan took a large order from Georgina for two wedding cakes costing $19,500.00 in total.  The wedding was on the 15th of January 2019. 

Georgina owned an air conditioning business and was moving to smaller premises. She had an excess of air-conditioning units in stock and needed to get rid of a few air-conditioners before the end of December (2018).

On 2 December 2018, Susan agreed with Georgina to be paid $8,000 in cash and the balance with the delivery of 3 new air-conditioning units.  

On 15 January 2019, Susan delivered the wedding cakes to Georgina’s wedding reception and Georgina paid Susan $8,000 in cash.  When Susan returned home that day, 3 new air conditioning units were sitting on her front door step.

Susan lodged her 2018-2019 tax return in July 2019, and shortly after she was charged with an offence under section 12 of the Cash Handling Act 2019 (Cth) for not disclosing the cash or the air conditioners she had received from Georgina.

Advise Susan.

 

This Law Assignment has been solved by our Law Experts at UniLearnO. Our Assignment Writing Experts are efficient to provide a fresh solution to this question. We are serving more than 10000+ Students in Australia, UK & US by helping them to score HD in their academics. Our experts are well trained to follow all marking rubrics & referencing style.

Be it a used or new solution, the quality of the work submitted by our assignment experts remains unhampered. You may continue to expect the same or even better quality with the used and new assignment solution files respectively. There’s one thing to be noticed that you could choose one between the two and acquire an HD either way. You could choose a new assignment solution file to get yourself an exclusive, plagiarism (with free Turnitin file), expert quality assignment or order an old solution file that was considered worthy of the highest distinction.

  • Uploaded By : Mitchell Lee
  • Posted on : December 21st, 2018
  • Downloads : 266

Whatsapp Tap to ChatGet instant assistance