Ms Belle Brown is a long-standing client of Caradoc & Co Consultancy Services. After a failed business partnership in 2022, Belle decided to set up a new business as a sole proprietor to provide interior design services
About you:
You work at Caradoc & Co Consultancy Services as a Senior Advisor.
Client Overview:
Ms Belle Brown is a long-standing client of Caradoc & Co Consultancy Services. After a failed business
partnership in 2022, Belle decided to set up a new business as a sole proprietor to provide interior
design services. The new business is called Belle Designe. Belle will operate Belle Designe from a house
she bought that is located on an established street in a quiet inner city Brisbane suburb. The street
slopes and, as Belle’s house block is in the middle of the street, it is supported by a retaining wall
located on the block on its left; and has a retaining wall on it that is supporting the block on its right.
Belle applies for, and quickly obtains, all necessary approvals to operate Belle Designe from her house.
Belle will employ a receptionist to assist her with Belle Designe’s work. The receptionist will take
telephone calls from clients and others; assist Belle in the work she does for her clients; place
advertisements in newspapers to advertise Belle Designe’s services; and update the Belle Designe
website and social media accounts with photos of current work and statements from happy clients.
While Belle has jointly owned many businesses before, it is several years since she operated a business
by herself; and she has never owned any property in Queensland. Belle is aware, however, that, as a
landowner, she will have obligations in addition to those relating to Belle Designe’s business
operations. She also is aware of recent changes that have been introduced to Queensland that will
change various rights and obligations under the Property Law Act 1974. In particular, there will be a
new duty of care in negligence created regarding support for land, which will be introduced by a new
Section 179.1
Belle therefore is particularly concerned about issues that may arise under the law of negligence that
may affect her both as a property owner and separately as a business owner.
Client Instructions:
In the context of the above scenario, Ms Brown wants Caradoc & Co Consultancy Services to provide
her with specific advice about the following:
1) All matters that Ms Brown needs to be aware of regarding both her duty/ies and her right/s in the
law of negligence under the new Section 179 of the Property Law Bill 2023.
In answering this question, please focus on the practical implication/s of the new law and also
make any recommendation/s for what Belle should do now to protect herself in the future; and
2) Under what circumstances Ms Brown could be held to be liable in negligence for the actions of the
receptionist as an employee of Belle Designe.
In answering this question, also make any recommendation/s for any appropriate processes or
policies that Belle Designe should establish now.
You are to present the advice in a Report from your firm addressed to Ms Brown.
Requirements:
1 LWS012 2023 – Assessment 1 – Client Brief LWS012 – 2023 Assessment 1 Client Brief Release Date: This Client Brief was posted to the LWS012 Canvas site on Monday 17 July 2023.
2 LWS012 2023 – Assessment 1 – Client Brief About you: You work at Caradoc & Co Consultancy Services as a Senior Advisor. Client Overview: Ms Belle Brown is a long-standing client of Caradoc & Co Consultancy Services. After a failed business partnership in 2022, Belle decided to set up a new business as a sole proprietor to provide interior design services. The new business is called Belle Designe. Belle will operate Belle Designe from a house she bought that is located on an established street in a quiet inner city Brisbane suburb. The street slopes and, as Belle’s house block is in the middle of the street, it is supported by a retaining wall located on the block on its left; and has a retaining wall on it that is supporting the block on its right. Belle applies for, and quickly obtains, all necessary approvals to operate Belle Designe from her house. Belle will employ a receptionist to assist her with Belle Designe’s work. The receptionist will take telephone calls from clients and others; assist Belle in the work she does for her clients; place advertisements in newspapers to advertise Belle Designe’s services; and update the Belle Designe website and social media accounts with photos of current work and statements from happy clients. While Belle has jointly owned many businesses before, it is several years since she operated a business by herself; and she has never owned any property in Queensland. Belle is aware, however, that, as a landowner, she will have obligations in addition to those relating to Belle Designe’s business operations. She also is aware of recent changes that have been introduced to Queensland that will change various rights and obligations under the Property Law Act 1974. In particular, there will be a new duty of care in negligence created regarding support for land, which will be introduced by a new Section 179.1 Belle therefore is particularly concerned about issues that may arise under the law of negligence that may affect her both as a property owner and separately as a business owner. Client Instructions: In the context of the above scenario, Ms Brown wants Caradoc & Co Consultancy Services to provide her with specific advice about the following: 1) All matters that Ms Brown needs to be aware of regarding both her duty/ies and her right/s in the law of negligence under the new Section 179 of the Property Law Bill 2023. In answering this question, please focus on the practical implication/s of the new law and also make any recommendation/s for what Belle should do now to protect herself in the future; and 2) Under what circumstances Ms Brown could be held to be liable in negligence for the actions of the receptionist as an employee of Belle Designe. In answering this question, also make any recommendation/s for any appropriate processes or policies that Belle Designe should establish now. You are to present the advice in a Report from your firm addressed to Ms Brown. Please see the following pages for further instructions. Please also see the Week 1 lecture. 1 See: new S.179 Property Law Bill 2023 https://www.legislation.qld.gov.au/view/html/bill.first/bill-2019-078#sec.179
3 LWS012 2023 – Assessment 1 – Client Brief Due Date: You must submit your Report by 23:59 AEST (11:59 pm AEST) on Tuesday 19 September (Week 9). Important: This is an individual piece of assessment. Please note that all aspects of your submission – researching, thinking, and writing – are to be your own work. Please refer to page 4 as to what conduct may breach QUT’s policy on Academic Integrity. As relevant, please refer to QUT’s Late assessment and extensions Policy located at http://www.mopp.qut.edu.au/E/E_06_08.jsp Marks: The Assessment is worth 50% of the total marks for the unit. Please refer to the Criteria Referenced Assessment (CRA) Sheet for mark allocation. A Grading Rubric, that corresponds to the CRA will be used to mark your submission. Required Format: You are required to present your submission in a Report format. Answers must be typewritten, should be in connected prose and must be in a Report format. To be clear – bullet points [or lists] are not appropriate to use. If you require guidance as to the required format, please refer to the report structure found at https://www.citewrite.qut.edu.au/write/writing-well/report.html Please note: All words, including any in an Appendix, are counted in the Word Count. NB: How you set out your Report is one of the requirements of the assessment (as relates to Structure in the CRA) and, other than as provided below, or as may be discussed in the Week 1 lecture, it is not possible to provide any further guidance on the format. Required content: Your Report must: a. Engage specifically with the Client Instructions (page 2); b. Demonstrate an understanding of correct citation by use of APA in-text referencing style; c. Clearly communicate your ideas and arguments, and use correct grammar and spelling. Marks are allocated for correct referencing, evidence of research and communication; d. Be typed in 12 pt font (Times New Roman or Arial), 1.5 line spacing, margins at least 2 cm; e. Be on A4 size white paper [if it were to be printed]; f. Have a page number, your name and student number on each page; g. Not exceed the prescribed word limit. This is an absolute. The word limit includes all material including in-text references. Quotes are included in the word count, as well as words like ‘a’ and ‘the.’ Material exceeding the word limit will not be read or marked; and h. Have a Reference List [this is an academic assessment task = a Reference List is mandatory]. Please: do not quote whole Sections of an Act in the body of your Report, or as an Appendix or other attachment.
4 LWS012 2023 – Assessment 1 – Client Brief How you must submit: You must submit electronically only through the online submission link that will be provided in Canvas. Your submission will be marked online only. Feedback is provided within your marked report, and by engaging with the CRA as to the mark awarded as compared to the best mark possible. General Feedback also will be provided in Canvas. The results and feedback will be released as soon as possible after all on-time and extension submissions have been submitted to Canvas. Word Limit The word limit is 2,000 words in total as an absolute maximum. Words more than the word limit will not be read and will not be taken into account in assessing the mark for the Report. Appendices and or other attachments are included in the word count. The word limit excludes the Reference List; and any cover page (if used). All in-text references are included in the word count. Referencing All submissions should be appropriately referenced. This means that if you are quoting or paraphrasing a principle from a case, Act, standard, industry code or other primary source, or taking an idea from something you have read you should provide a reference indicating the source. NB – Google or Wikipedia or other types of websites are not appropriate reference sources. Quotes must be in quotation marks “quote”. [NB: inappropriate paraphrasing = plagiarism] References for all quotes or ideas that are not your own work must be provided even if paraphrased. You must use APA in-text referencing style. Use of Footnotes and or Endnotes will reduce marks. Academic Integrity Please read and familiarise yourself with QUT’s policy http://www.mopp.qut.edu.au/C/C_05_03.jsp . To be clear: This is an individual assessment = all researching, writing, and thinking must be your work only. It also means you must not use AI in any way to create, think, write, or research. Please also note that the following is considered conduct which breaches academic integrity: (i) copying verbatim phrases, sentences, paragraphs or more from a text, case, website, article or another source without appropriate referencing; (ii) copying or using an idea from a text, article or other source without referencing the original source of the idea; (iii) copying the work of another student and submitting it as your own. This applies whether you are copying the assignment of another student submitted for this unit or the work of another student that may be available on the internet although not directly submitted for this unit; (iv) summarizing the work of another person, including cases, article, websites, without appropriate acknowledgement; and or (v) collaborating for research and writing with other person/s, whether another student or not, when the assessment task is an individual assessment task. This list is not exhaustive. Substantial penalties including failing the Task, failing the unit or exclusion can be given depending on the severity of the plagiarism or other academic misconduct. Any engagement with AI will be treated as major academic misconduct.
5 LWS012 2023 – Assessment 1 – Client Brief Links The following may be of interest/assistance to you as you research and think about your Report: Academic honesty http://www.citewrite.qut.edu.au/academichonesty/ APA http://www.citewrite.qut.edu.au/cite/qutcite.jsp Property Law Bill 2023 https://www.legislation.qld.gov.au/view/html/bill.first/bill-2019-078/lh#creationhistory [link current as at 14 July 2023] Queries Any procedural queries you have about this Assessment should be directed at first instance to Associate Professor Lucy Cradduck as the Unit Co-ordinator during her specified consultation hours or by email to [email protected] but only after you have read and considered the above. [NB – the first question you will be asked is what aspect of these instructions you do not understand] Content queries: Please note that teaching team members are not able to answer any questions about the substance (content) of the assignment and are not be available to read or comment on drafts. Report format queries: Please see information above.
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