
LAWS1006 Legal Memorandum
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University
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Julia Meachem
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2 Slides • 6 Questions
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LAWS1006
Legal Memorandums
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Open Ended
What is the legal issue you are asked to investigate? (Hint: write a legal issue statement)
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Business Names Registration Act 2011 (Cth): https://www.legislation.gov.au/Details/C2021C00198
ss 24, 25 & 26
Business Names (Availability of Names) Determination 2015 (Cth): https://www.legislation.gov.au/Details/F2020C01133 s 7
Corporations Regulations 2001 (Cth): Corporations Regulations 2001 (legislation.gov.au) Volume 6, Schedule 6, Part 1
Stasiw v ASIC [2015] AATA 328: Available on Lexis Advance
Boyce v ASIC [2015] AATA 768: Available on Lexis Advance
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].
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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.
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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.
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Open Ended
Early finishers! Have a go at writing your introduction - include the components we discussed earlier in the session.
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Poll
How confident do you feel about writing a legal memorandum for your final assignment?
Confident
So-so
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LAWS1006
Legal Memorandums
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