Week 4 questions

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Apr 3, 2024

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Week 4 questions Problem 6 – Monetary jurisdiction I. Sally and Suzie signed a retail shop tenancy agreement with your client in May 2023 to rent a shop space at $15,000 per month for 24 months. It is now February 2024 and Sally and Suzie have yet to pay rent. Indeed, it appears that they never moved their shop into the shopfront. Advise your client in which court an action should be instigated in? In this instance, our client would have to bring an action against Sally and Suzie in the Magistrates Court as the sum of the money is equivalent to $135,000. All disputes under $150,000 are subjected to the Magistrates Court. Problem 7 – Monetary jurisdiction II. You meet a new client George. George doesn’t like the government which he claims is out to take his property. George is not entirely paranoid. He has received a notice from the Queensland Director of Special Projects compulsorily acquiring his property near Loganholme for Olympic Games purposes. The compensation amount is $1.1 million. George says it is unconstitutional for the government to take his property and he demands that you commence proceedings in the High Court immediately. Explain to George why this is not possible and in the alternative which court might entertain his plaint. Contained within section 51 (xxxi) of the Australian Constitution, the government does have the ability to acquire property for public purposes, provided that a fair compensation is given in return to the property owner. Therefore, it is not unconstitutional for the government to take ownership over George’s property as it would be utilised for a public purpose. Additionally, they have offered him a compensation amount of $1.1 million which could be argued as a fair amount of money in return for the property. On the other hand, George would not be able to escalate this claim against the Queensland Director of Special Projects straight to the High Court. This is due to the fact that the Queensland Court system is based on a specific hierarchy that Is strictly enforced. It is encouraged by the judicial system to exhaust all available avenues of appeal and legal action in the lower courts before bringing the claim to the High Court of Australia. This prevents any time wasters and keeps the courts efficient and productive. Under George’s circumstances it is advised that he presents his claim first to the Queensland Civil and Administrative Tribunal as they often deal with civil matters and disputes similar to this.

Problem 8 – A plethora of defendants? While returning from a weekend at Byron Bay, Rupert had a car accident at approximately 2:40 pm 30 March and suffered serious injuries. The circumstances surrounding the accident are: Nestle (Australia) Pty Ltd owns Elysian Field’s Organic Natural Honey Farm. One side of the business was a Honey Demonstration and Information Centre at the Farm. The Centre catered for tourists, particularly the retired packaged tour coach market. The Farm and Centre was managed and operated by Mr and Mrs Goodwinks who lived in a private residential house on the Farm property. The Goodwinks have two children Zoe (14) and Zuppie (8). Nearby the house was a chicken coop where the Goodwinks kept chickens for their household use. It was Zuppie Goodwinks responsibility to look after the chickens. On 30 March Zuppie, as was usually done, let the chickens out to free range around the house and yard during the day. For some reason he left the gate between the residence and the Farm complex open. The 30 March was a busy day at the Farm as numerous tour groups were booked into the Centre. It was so busy that when the coach arrived from Griswold Tours it had to park on the verge of the highway near the driveway entrance to the Farm. The coach was so parked that it obscured the driveway to on-coming traffic. What the driver of the Griswold Tour Bus (Karl Wainsworth) didn’t know was that the Farm had additional off-street parking. This was his first week on the job at Griswold and he had received no training or special instructions from his manager concerning care for his passengers or the workings of the sites the tour stopped at. Further he had found the driving hard as the coach’s wheels were out of alignment. Once he had stopped the bus and got the ‘oldies off’, he had fallen asleep on the back seat. Victoria Hardbottom is an 83 year old widow who was one of the tourists on the Griswold Tour that visited Elysian Field’s Organic Natural Honey Farm on the 30th. It transpired that her doctor had misdiagnosed a minor heart condition that she had. As such the doctor had prescribed Victoria a course of Cardo-zip . Cardo-zip is a strong high blood pressure medication that has as a side effect in aged patients of bringing on dementia-like symptoms. As the Griswold tour group was being lead to the Honey Demonstration and Information Centre, Victoria Hardbottom noticed the chickens; they were outside of the residential part of the property and scratching away near the front gate. She became very excited. Suddenly she felt the golden rays of her childhood on her parent’s farm and heard her father’s voice telling her to get the chickens in as it was

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