Law Make Decisions Within Legal Context
LAW ASSESSMENT 2
PART A:
Question 1: 1. Kenny and Duke must register this business name. According to the Business Names Act, 2002, the legislation states that it is compulsory to register a business name where a person, including a company, wishes to use a name other than their own.
2. To register a business name, the owner or owners must submit an application form and pay the prescribed fees to the appropriate government agency. In New South Wales, it is called the Office of Fair Trading.
3. There are certain requirements to the display and use of a business name. The business name must be displayed at each place where the business is carried on under the business name. The owner of the business name must notify the consumer affairs agency, such as the Office of Fair Trading in New South Wales, of any changes in ownership, addresses and so on. Failure to do so may result in penalties and cancellation of registration.
4. Kenny and Duke do not have a copyright in their business name yet until they register their business name under the registration of trademarks. They can first search the Register of Trade Marks before registering their business name, to check that the name has not been registered by someone else as a trade mark. Once they have registered their business name as a trademark, then they will have exclusive rights to use or control the mark.
5. Kenny and Duke must also obtain an Australian Business Number (ABN). Following the introduction of the GST in 2000, all businesses in Australia should have an Australian Business Number or they may be liable for the withholding of 48.5% on payments.
Question 2:
1. The issue in this situation is whether Food Hall is a holder in due course under the Cheques Act 1986. In Section 22 of the Cheques Act 1986, bearer cheques are defined to be payable either to the party named as payee, in this situation, M Mouse, or to any person, who is the holder or ‘bearer’ of the cheque,
PART A:
Question 1: 1. Kenny and Duke must register this business name. According to the Business Names Act, 2002, the legislation states that it is compulsory to register a business name where a person, including a company, wishes to use a name other than their own.
2. To register a business name, the owner or owners must submit an application form and pay the prescribed fees to the appropriate government agency. In New South Wales, it is called the Office of Fair Trading.
3. There are certain requirements to the display and use of a business name. The business name must be displayed at each place where the business is carried on under the business name. The owner of the business name must notify the consumer affairs agency, such as the Office of Fair Trading in New South Wales, of any changes in ownership, addresses and so on. Failure to do so may result in penalties and cancellation of registration.
4. Kenny and Duke do not have a copyright in their business name yet until they register their business name under the registration of trademarks. They can first search the Register of Trade Marks before registering their business name, to check that the name has not been registered by someone else as a trade mark. Once they have registered their business name as a trademark, then they will have exclusive rights to use or control the mark.
5. Kenny and Duke must also obtain an Australian Business Number (ABN). Following the introduction of the GST in 2000, all businesses in Australia should have an Australian Business Number or they may be liable for the withholding of 48.5% on payments.
Question 2:
1. The issue in this situation is whether Food Hall is a holder in due course under the Cheques Act 1986. In Section 22 of the Cheques Act 1986, bearer cheques are defined to be payable either to the party named as payee, in this situation, M Mouse, or to any person, who is the holder or ‘bearer’ of the cheque,