Format
Text other than footnotes and headings must be 1.5 line spaced. The font size of the body of the answer must be no less than 12 points, and the font size of footnotes must be no less than 10 points.
Use headings and subheadings where appropriate.
Referencing must be in accordance with the requirements of the Melbourne University Law Review Association Inc and Melbourne Journal of International Law Inc,Australian Guide to Legal Citation(3rded, 2010)
(available on‐line at or successor website).
2
Do not:
provide diagrammatical illustrations;
repeat the facts of the assignment; or
provide a bibliography.
Word Limits
The word limits for the assignment are set out below. Headings, references in the text and references in the footnotes do not count toward these limits.
A submission that appears to be in excess of a word limitby any amountand for whatever reason will be givenat mosta mark of 15.
Marking
Marks will be awarded based on the technical detail given in the answer and on the structure and clarity of the argument. Attention to detail (eg style, setting out, spelling, grammar, punctuation, correct citation of cases and other material) will be rewarded. Your answer should refer to relevant provisions, cases and other relevant material.
If you think that you need further information in order to be able to answer a question, you need to state what that information is and why it is that you think you need it. It is not sufficient merely to state that further information is required.
3
Assignment Facts
In early 2016, Brad was working as a management consultant with a yearly salary of $200 000. In April of that year, he saw an advertisement in a Melbourne newspaper which read:
Upgrade your qualifications! Enrol in the Doctor of Accountancy course at the University of Kew and become a Certified Practising Accountant or a Chartered Accountant with just four semesters of study over two years!* No previous knowledge of or qualifications in accounting required. Contact the Department of Accountancy at the University of Kew for an application form now!
*Accreditation application pending
Brad was keen to upgrade his qualifications in order to increase his chances of earning a higher income. He successfully applied for a place in the first intake of students to the course in July 2016 and was admitted as a fee‐paying student at a fee of $60 000 for the entire course.
After his application had been accepted, Brad completed and signed an enrolment form which contained the following clause in a large red font:
The student and the University agree that neither theCompetition and Consumer Act 2010(Cth) nor any other consumer protection legislation will apply to the relationship between them. The student confirms that he or she has not relied (and will not rely) on anything said by any staff member of the University in any respect as to any matter whatsoever. The student also confirms that the University has made no representation(s) in relation to the quality, duration, outcomes or suitability of any course for any purpose whatsoever.
The form required each student to initial this clause as confirmation that the clause had been read and agreed to. Brad did this. He then took two years of leave without pay from his job as a management consultant and began his studies in July 2016.
Brad progressed well through the course. At the end of the first year, a rumour began to circulate amongst the Doctor of Accountancy students that the course had not received the necessary accreditation from the accountancy professional bodies. Wendy, a Chartered Accountant and a friend of Brad’s, told Brad that he should make sure that the course had been accredited because it had taken Wendy many years of work and study to become a Chartered Accountant. However, Brad convinced himself that there was nothing to worry about and went on to complete the course in July 2018.
4
After his degree was awarded, Brad discovered that the University of Kew had applied in April 2016 to the accountancy professional bodies for the course to be accredited but the application had been rejected in April 2017. This means that Brad cannot become either a Certified Practising Accountant or a Chartered Accountant on the basis of his Doctor of Accountancy qualification.
After realising this, Brad went to see several employment agencies and was advised by each agency that he could have earned $300 000 a year as a management consultant with a professional accountancy qualification. Unfortunately however, the degree of Doctor of Accountancy does not increase Brad’s earning capacity as the degree is not recognised by the relevant professional bodies. Brad therefore went back to his former job as a management consultant at his previous yearly salary of $200 000.
Mandatory Analytical Questions
Advise Brad as to his rights (if any) against the University of Kew.
Would your advice be different if Brad had had to pay a fee of $30 000 for the course instead of a fee of $60 000? Explain.
30 Marks (Word limit of 3000 words)
Optional Reflective Question
3. Reflect in relation to whether the legal rules that you have applied in questions 1 and 2 appear to have brought about outcomes that are just.
(Word limit of 3000 words)