Timeliness and time management are critically important legal skills.
Assignments submitted on time will be marked and returned to students as a priority.
Maximum word length: 2,500 words(this word limit excludes footnotes and bibliography)
Requirements for this assignment:
- comprehensive footnotes
- a bibliography of all research and related sources and resources
- memorandum of advice format:see the table below
To: (recipient)
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From: (trainee)
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Subject matter/heading:
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Feel free to use sub headings and navigation guides for the reader
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Scenario
You are a trainee solicitor inDelaney Williams, Lawyers and Consultants. You work for Jo Delaney, Lawyer.
Prepare two memos as per the instructions on Files 1 and 2 below
Client File # 1
Ro, Nic, Gene and Hedley want to start a netball club in their Melbourne neighborhood. They have heard that an association is the ‘way to go.’ However, they are also interested in a company structure.
Advice sought
Task 1: What is involved in terms of structure, documentation, regulation, funding sources, and use of funds for an associationversusa pty ltd company?
Prepare a memorandum addressed to Jo Delaney
Client File #2
Sam and Ida run a café as a pty ltd, trading under the business name ‘Seafood Bounty Café’ and have done so for three years. Sam and Ida are theonly directors, members and shareholders of the company, SBC Pty ltd.
Ida’s mother, Rowena, lent the company start-up capital of $50,000.
The two long-time friends ran a café business previously without paperwork, but split everything 50-50. They discussed a partnership, but never formalized anything.
Ida has just found out that Sam has secretly set up another business with Patrick.
Advice sought
Task 2: Ida wants to know what:
- 2.1 Her responsibility is for the debt to Rowena?; and
- 2.2 What legal options she has, given Sam’s actions?
Prepare a memorandum of advice addressed to Jo Delaney
Required
Please provide two memoranda of preliminary advice on the two client files referred to above.
Each memorandum is written by you in your capacity as a legal trainee addressed to your supervisor Jo Delaney, lawyer.
They should contain comprehensive advice on the legal and related matters pertinent to the issues referred to above.
Each of the memos is worth twenty marks providing a total of 40 marks. As such, each memo should be around 1,250 words (or 2,500 in total)