Facts: Barney decides that his kitchen needs replacing, so he contacts Chantilly Lace Builders Pty Ltd. The managing director of the company, Chantel, meets with Barney on 10 July 2019. A plan for the removal of Barneys old kitchen and installation of a new one is drawn up and Chantel sends it to Barney, together with a printed contract.

Three of the clauses included in the contract are:

1. The works shall be commenced within one calendar month of the date of this contract and completed within three calendar months of commencement.

2. The price for the work is $45,000, inclusive of all allowances for material and whitegoods.

3. The work to be undertaken includes the removal of the old kitchen and the installation of a new kitchen in accordance with the plans that are attached.

4. The owner (Barney) is to select a stove, dishwasher and fridge {the whitegoods} to the value of $5000 in total, such whitegoods to be selected by the owner within two calendar months of commencement of the work.

Barney reads, signs and dates the contract 15 July 2019 and delivers it back to the office of the company on this date. Work on his kitchen commences on schedule on 1 August 2019.

On 1 September 2019 Barney leaves Tasmania for a two (2) month holiday, without selecting any of the whitegoods. Chantel is unable to contact Barney.

The company completes the remainder of the work by 14 October and sends an invoice to Barney who receives it on his return to Tasmania.

Barney refuses to pay for any of the work as he states The job has not been finished, it will cost me money to buy the whitegoods and to have them installed. Chantel insists on full payment of the $45,000 insisting that her company has carried out all that was required.

Advise both parties of any remedies that they may have in the circumstances.

In your advice illustrate any arguments with reference to case law and also any relevant provision of the Competition and Consumer Act 2010 (Cth)

Facts: Larry has been approached to become a non-executive director of a Tasmanian fishing company that is experiencing extreme financial pressure. He seeks advice from you on the following:

Illustrate your answers to all sub parts by reference to relevant legal principles, cases and, where appropriate, statutory provisions of the Corporations Act (2001).

Question 4

What is meant by the term risk of insolvent trading?

Question 5

What are the major statutory directors duties?

Question 6

Can directors be made personally liable for any debts owed by a company that were incurred after the company became insolvent?