BUSN7052 COMMERCIAL LAW
|Due date||Submission via Turnitin, with a coversheet, by 11.30pm, Monday 2 October 2016 (Week 9). This is a week later than the due date stipulated in the course outline.|
|Length||1600 words (10% tolerance either way permitted). Footnotes and bibliography are not included in the word count (extended commentary in the footnotes is included in the word count).|
|Marks||20% of your final mark.|
|Penalties||Please refer to course outline for details on late penalties that apply if an extension is not requested and granted prior to the due date, usually 5% per a business day. Once the due date has passed you will not be able to submit another version of your paper.|
|Purpose||To develop and assess your ability to state the law and to analyse, discuss and make informed comment on a topical legal issue.|
|Structure and format||Unlike the problem paper this is a research exercise and you should research beyond the lecture, tutorials and textbook material. You should rely on academic sources (not just articles you find through a Google search). This is not a problem question. You might structure your answer like a journal article or briefing paper.|
|Marking Criteria||1. Communication
2. Demonstrated familiarity with relevant readings and academic literature
3. Analysis, discussion and argument
|Presentation||Papers are to be word-processed. The use of strict, professional expression is expected. Papers are to be submitted with the Cover Sheet available from wattle, or here: https://www.rsa.anu.edu.au/rsa/current-students/forms-and-coversheets/. Ensure that the word count is completed.|
|Referencing||Your work should comply with the Australian Guide to Legal Citation (uploaded to wattle) and include a bibliography. Be sure to use quotation marks for any copied material and properly reference all material. Failure to do so may amount to academic misconduct (more information: http://www.anu.edu.au/students/program-administration/assessments-exams/academic-honesty-plagiarism). Information and further links can be accessed via the Academic Study Skills web page. Follow the ‘Referencing’ tab. https://academicskills.anu.edu.au|
You are a lawyer working as in-house counsel for Authorised eTickets Ltd, an online marketplace for ticket resale.
The Chief Operations Officer (COO) has read about the Australian Competition and Consumer Commission’s (ACCC) decision to institute proceedings in the Federal Court against Viagogo. She also recently watched an episode of the ABC’s The Checkout that was critical of Viagogo’s practices. Authorised eTickets Ltd has a business model and website that is similar in many respects to Viagogo. The COO is anxious to ensure that Authorised eTickets Ltd does not contravene Australian Consumer Law (ACL) and avoids negative media attention.
The COO asks you to prepare a briefing paper for the board of directors that explains the implications of the ACCC’s legal action against Viagogo for Authorised eTickets Ltd. The briefing paper should include:
· a summary of why the ACCC considers that Viagogo has breached the ACL and an explanation of the particular laws that it is alleged Viagogo has breached
· reference to the relevant powers of the ACCC to ensure compliance with the ACL
· a recommended course of action for Authorised eTickets Ltd to ensure its website is compliant with the ACL.
You must refer, where appropriate, to cases, legislation and/or journal articles to support and illustrate your points. You only need to consider the application of the Australian Consumer Law. Do not discuss contract or the tort of negligence.
ABC’s The Checkout relevant episode (Series 5, Episode 1).
You might start by reading Chapters 10 and 11 of the textbook (esp. Chapter 11).
You can access research materials electronically from the ANU library site. Useful legal databases include:
- LexisNexis AU: for cases and journal articles (especially CaseBase)
- FirstPoint (Legal online): for cases and journal articles
- HeinOnline: for journal articles (this service has a large number of Australian journals)
- Westlaw AU: for journal articles
Australian cases and statutes and some journal articles can be found at: http://www.austlii.edu.au