1. The Australian Legal System
BUS107 Commercial Law
Week 1 Tutorial

2. Today is your first day as an intern at the prestigious consulting firm Farnsworth & Partners. The firm is renowned for troubleshooting a wide range of business issues for corporate and high net worth clients. Your new manager, Fergus Black, pulls you out of induction training to speak with you.
He seems flustered.
‘You studied Commercial Law at Kaplan, right?’ he asks.
‘Yes.’ you reply.
‘Perfect! You can help me. Let’s go.’
Fergus leads you to his office and introduces you to Violet Shae, the President of the Australian Vocational Educators Association (AVEA). She is in an obvious state of distress. You sit down as she explains her problem.
‘I have many enemies amongst the AVEA delegates. They’ve wanted to terminate my presidency for some time because, well frankly, because I’m a woman. And now it seems I’ve gone and given them a legitimate reason to get rid of me.’

3. Violet is visibly shaken and upset.
‘It’s OK. We’re here to help,’ Fergus reassures her. ‘Tell us what happened.’
‘Last Thursday the Commonwealth Parliament passed a new statute called the Workplace Training Act. The legislation introduces a new licensing regime for people the Act defines as ‘workplace trainers’ that will cost our members thousands of dollars a year to comply with. The new laws were open to public consultation late last year but I overlooked this. Now the delegates blame me personally for failing to prepare and lodge a submission opposing the new legislation.’
‘You came to the right place, Violet. We’re going to fix this.’ Fergus flashes you a nervous glance.
You sense that this is a defining moment in your fledgling professional career…

4. Group One Group Two Group Three Group Four
In your group, prepare a solution to Violet’s issue. Focus the following:
Explain that statutory law can be changed
Discuss how parliamentary members can be lobbied to amend or repeal legislation
Devise a strategy for the AVEA to use its members to lobby parliament to repeal the Workplace Training Act
Group Two
Group Two
In your group, prepare a solution to Violet’s issue. Focus on the following:
Explain that the legislature, executive, and judiciary are separate arms of government under the doctrine of separation of powers
Discuss who it will be that actually administers the new law
Devise a strategy for the AVEA to work with this administrator to minimise the impact and cost of the new legislation on AVEA members
Group Three
Group Three
In your group, prepare a solution to Violet’s issue. Focus on the following:
Explain that Australia has a federal system of government with a Commonwealth Constitution that limits the law making powers of the Commonwealth Parliament
Discuss which institution can hear and determine challenges to the constitutional validity of new laws introduced by the Commonwealth Parliament
Devise a strategy for the AVEA to challenge the constitutional validity of the Workplace Training Act
Group Four
Group Four
In your group, prepare a solution to Violet’s issue. Focus on the following:
Explain that statutory provisions are interpreted by following the common law rules of interpretation and the Acts Interpretation Act
Discuss what type of people the Workplace Training Act applies to and whether this definitely includes AVEA members
Devise a strategy for the AVEA to determine the correct interpretation and application of the Workplace Training Act

5. Fergus and Violet both appear very impressed by your subject matter knowledge and presentation skills.
‘I thank you for your advice,’ Violet smiles. ‘But it may be too late for me.’
‘What are you talking about?’ Fergus asks her.
‘The delegates have convened a special meeting this morning to pass a resolution removing me as their President.’
‘Then we will ensure that resolution does not pass.’
‘How?’
‘By coming to that meeting with you and presenting our strategy for dealing with the legislation to the delegates directly.’ Fergus replies.
‘Do you really think you’ll be able to change their minds?’ Violet asks hopefully.
‘Not me.’
Fergus and Violet both turn and look at you.
Restructure your solution into a written presentation to the AVEA delegates at their special meeting.

6. ‘Before we vote on our next matter the President has requested a brief audience with the delegation.’
Violet approaches the podium and adjusts the microphone.
‘Thank you Mr Chairman. Firstly, I wish to formally apologise to you, delegates of the AVEA, for failing to properly use my position to prevent the enactment of the Workplace Training Act. I am truly sorry. But before you vote to remove me as your President I want to let you know that we still have options available to take action against the new legislation. I have brought with me today a representative from Farnsworth & Partners who will now present those options to you.’
Violet motions for you to come up and give your presentation. Fergus gives you an anxious nod.
You take a deep breath as you look out from the podium at the cold faces staring up at you …
Deliver your presentation to the AVEA delegates.

7. The Chairman clears his throat.
‘Thank you Mrs President and thank you to your consultant for that presentation. We will now cast our votes by show of hands on Meeting Agenda Item 1, the motion to remove Mrs Violet Shae as President of the AVEA. All those in favour of the motion please raise your hands. Thank you. All those against the motion please raise your hands. Thank you.’
The Chairman removes his reading glasses.
‘The motion is …’