BLB5511 Plain English and Commercial Drafting Assessment Task 2 – Semester 1, 2017 Due: [30 April 2017 at 11pm] Instructions: 1. Students must answer all questions as indicated. Make certain all answers are clearly labelled. 2. Make certain that you enter your NAME and STUDENT NUMBER on each page. Insert them into the header or footer for ease. You must include a coversheet with your answers. This is available from the online centre. Save this page on to your computer and insert it as the first page of your assessment. 3. This assignment comprises 50% of the assessment in this unit. 4. Your answers must be typed on one side of the paper, double-spaced and with a wide margin. Students should note that English expression; grammar and spelling are taken into account in assessment of their answers. 5. SUBMISSION OF ASSESSMENT: Please check the online centre for the due date for your class group. It is the responsibility of the student to ensure that the date for receipt is complied with. It is intended that all assessment be lodged electronically. This will automatically generate a receipt. 6. WORD LIMIT: Word limits are indicated for certain questions and should be adhered to with each answer. If a task is received that exceeds the word limit it may be returned to the student. 7. All answers should be supported by reference to the relevant legislation provisions of the Migration Act and Regulations. 8. A candidate, whose answer to any question depends upon facts which are not stated, must discuss all relevant alternatives. 9. REFERENCING: Students are required to use the Australian Guide to Legal Citation as the preferred method of referencing. You are also required to submit a bibliography for each assessment task and not merely a reference list. Assessment Criteria 1. Accurate answers to the questions demonstrating knowledge of statutory provisions and case law. 2. Answers are justified by clear reference to the relevant facts, identifying logical assumptions you have made about the facts in answering questions including further information that may be required. 3. Arguments and information are clearly and logically presented. QUESTION 1 You are a registered migration agent. You provided a letter of opinion to a client suggesting that the client could apply for a Class UC sub class 457 visa in Australia when the client did not hold a substantive visa and had a previous visa refused. You charged the client $1,000 plus GST for this opinion. Subsequently, you notified the client that this was an error and you also notified your insurance company that there was a potential claim. The client seeks a refund of the professional fees paid but does not wish to pursue this matter further. Your insurance company advises you that as this was only a request for refund of fees it is not covered under your policy. You are also concerned that this client may make disparaging remarks about you and you wish to ensure that the client desists from this practice under the terms of the Deed of Settlement and Release. You are required to prepare a Deed of Settlement and Release in plain English based on the circumstances of the case where you agree to refund the fees to the client. This Deed will subsequently be presented to your lawyer to ascertain whether you have drafted the Deed of Settlement and Release adequately. (25 marks) (Maximum Word Limit: 1750 words) QUESTION 2 A client comes to see you in relation to a refusal of a Resident Return visa. The submission prepared by the client is provided below. The client wishes to reapply for a Resident Return visa and you are required to redraft the submission below in plain English to accompany the new application for the Resident Return visa. You should also refer to relevant policies (PAM) to support the application. The policies should be incorporated in the submission in plain English. You may assume any relevant facts as part of your submission. DRAFTED SUBMISSION Applicant: Name: Ms. Amy CHU Date of Birth: 25th November 1952 Place of Birth: Singapore Nationality: Singaporean Marital status: Separated Passport No.: 71234567 Expiry Date: 08/5/2017 Address: 54 Centre Road, Bentleigh Amy is an Australian Permanent Resident. She was granted an Employer Nomination visa on 30 July 1992. The applicant and her family were granted Australian Permanent Residency in 1992 as the holder of an Employer Nomination Visa. She initially arrived in Australia in March 1990. Afterwards, the restaurant was sold and changed hands. This restaurant sponsored her for the visa. Her husband, Mr. Lee then returned to Singapore and started his own business there. Over the last 5 years Amy has divided her time between Australia and Singapore. Amy has spent a substantial period in the last five years in Singapore, due to her husband’s business activities in Singapore. Consequently she spent a significant period of time in Singapore assisting him with his business activities. However, Amy always regards Australia as her home. Her two children are Australian Citizens and grew up here. Much of her extended family live in Australia. After much effort trying to persuade her husband to return to Australia, Amy has given up her effort. She is now separated from her husband and has commenced divorce proceedings against her husband. To fulfill her original intention of setting up a business, she has recently become involved as a part owner of an Australian business in the food industry and is seeking a Resident Return Visa so she can remain in Australia with her family. The applicant and her brother Ken Chu both hold 50% equity in the Australian company, Singapore Foods Pty Ltd and operates as a specialty Chinese gourmet take away store in Huntingdale, Victoria. The applicant will be involved in the business on a daily basis. Her duties and responsibilities entail general responsibilities of a director including attending director’s meetings, making decisions regarding future direction and possible expansion of business operations. She also plans to be involved as a store manager assisting her brother and partner in the business. Her brother, Ken, is a qualified Chinese chef with over twenty years experience. He purchased the business as a sole proprietor of the business in March 2005. Amy was overseas in Singapore. As a sole proprietor he was fully responsible for day-to-day management including managing the store, serving customers, preparing orders and dishes for customers, as well as financial and administrative management. With the arrival and the involvement of Amy, they are in the position to establish a company with equal equity. Amy will be responsible for the financial and administrative management of the business, including banking, collecting days takings, wages, administrative duties such as liaising with councils as appropriate, stocktake, ordering stock, completing BAS and complying with other tax requirements. Ken will be responsible for preparing the food, and serving customers in the store. Singapore Foods Pty Ltd generates an annual turnover of approximately $150,000.00. It employs 2 Australian citizens/permanent residents in the take away store. The business is fully operational, is based in, and trades in Victoria, Australia. Furthermore the applicant has recently become an owner in the business at the request of Ken to assist ease the burden of managing a small business on his own. Traditionally small business owners and sole proprietors work exceptionally long hours running and managing their businesses. Ken was in this same unfortunate situation working long hours at both the shop and also trying to cope with the administrative responsibilities of managing a business before the involvement of the applicant, Amy. The partnership with the applicant, both owning 50% equity and holding the position of director in the incorporated company will ease the workload of Ken and they will manage the business more effectively. They also have plans for further expansion of the business and to run a chain of similar take-away food outlets in future. It is therefore submitted that the applicant’s involvement is both essential to the continued operations of the business and also to permit Ken to live a more balanced life, and it is therefore submitted that Amy has substantial business ties with Australia. Amy’s involvement with Singapore Foods Pty Ltd will be as a Financial and Administrative Manager in addition to her role as director and shareholder. As a small business, it will be a hands-on position with both directors involved in all the duties required. She will be directly involved in the daily management of the business as well as any decision making processes regarding the future direction, and possible expansion of the business. The applicant, Amy, has substantial personal ties to Australia, both through financial assets as well as family members who are Australian Citizens and reside permanently in Australia. Presently Amy has assets in Australia of AUD $55,000 in a National Australia Bank Account. She is currently involved in formally divorcing her husband. Once the divorce is finalised, Amy proposes to transfer her assets presently in both her and her husband’s name in Singapore to Australia. She also plans to purchase a home in Victoria to live. The applicant has two children, both of whom are Australian citizens. The applicant’s daughter Ms Elisa Lee (DOB: 14/02/1981) lives in Sydney where she is working. Her son Peter Lee (DOB: 25/08/1977) lives and works in Victoria, Australia. He is currently holidaying in Singapore. Additionally two of Amy’s brothers’ and their respective families live in Australia and are Australian Citizens. The applicant and their family are very close, especially to her two children and her brother with whom she has become business partners. She intends to live in Melbourne to be with her family and to support her children. Although the applicant has spent a significant period outside of Australia in the last five years, all her significant familial ties live in Australia. All her children reside permanently in Australia and regard Australia as their home as does two of her brothers, one of whom she is a business partner with. She has no significant familial ties in any other country. She is separated from her husband who lives in Singapore and is soon to be divorced. The applicant has spent in excess of 150 days in Australia within the last five years. (25 marks) (Maximum Word Limit: 1750 words)