Dear Intern,

Six Quays is facing a couple of legal problems in connection with our new initiative, Quay Express. Before we make the decision to retain lawyers, we are trying to get a better grasp of the legal issues at hand. We understand that you are currently studying 'LAW 101' at University and might be in a position to assist us with some preliminary questions we have about the matter.

We have received a letter from one of our main competitors, Arial Dining ('AD'), alleging that: (1) aspects of our advertising campaign are misleading and (2) we are in breach of orders made by the NSW Minister of Health.

In relation to the first issue, AD allege that we are engaging in misleading conduct, in breach of s 6 of the Consumer Protection Act 2011 (Cth),* by advertising that: 'Quay Expressis the onlyway to get fine-dining delivered fast'. They state that since Arial Diningalso offers delivery options from their fine-dining menu, they will be forced to lodge a complaint with the regulator, the Australian Consumer Protection Commissioner ('ACPC'),* if we do not modify our current advertising campaign immediately.

In relation to the second issue, ADwrite that we have failed to comply with part 3 of the Public Health and Safety (New Business Operations)Order 2020 (NSW),* which states that 'all new restaurant employees must complete Infection Control Training within the first 30 days of employment'. Since AD has reason tobelieve that we have not provided such training for our delivery drivers and cyclists, they are threatening to report us to the police.

As you know, we have spent a significant amount of time and money developing QE and, since business has been going well during our first month of operations, we really want to resolve these legal issues fast.

1.In their letter, AD cite a court case that purportedly supports their first claim. The case is Energy Foods Pty Ltd v Wholefood Organics Pty Ltd[2020] FCAFC 2 (2 February 2020)*. Could you please:

(a)Explain why we need to consider bothcase law and legislation; and

(b)Describe the difference between 'binding precedent' and 'persuasive precedent' in the context of the Australian legal system?