What types of provision in a contract are likely to be unenforceable under the unfair contract provisions of the Australian Consumer Law? Provide dot points and no more than 12 points. 

Explain the types of cartels generally prohibited under the Competition and Consumer Act. I expect you to provide a definition of a cartel, and discuss ‘price-fixing’, ‘market sharing’, ‘bid-rigging and ‘controlling or limiting the supply of goods and services. Bonus point for providing a court decision where there was a case of cartel behaviour. Case title only will suffice but a link is better. 

What are some of the risks associated with adopting cloud-based technologies, and what steps can be taken to militate against these risks? Provide dot points only and no more than 6 points. 

Australia has mandatory notifications for serious data breaches. What are the circumstances when a data breach is deemed to be sufficiently serious to warrant disclosure? Do you think the line is set appropriately? Please ensure your answer has no more than 100 words to support your reason. 

You purchase a Plastics Manufacturing business that consists of 2 Directors and 60 Employees. The business owns the building together with plant, machinery and other contents. The values of assets are as follows: Building $1,500,000 / Plant & Machinery $640,000 / Contents $325,000 Gross Profit $1,500,000 The building has brick walls, iron roof, deadlocks, alarm, fire extinguishers, water sprinklers and the office at the front of the building has 3 x plate glass windows. The business exports the products it manufactures to the United States of America and the business also transport goods around Australia using its own trucks and rivers. The business has 6 vehicles driven by the directors and various employees. One of the drivers is under 25. The business does not do any design work with all manufacturing done to their customers’ specifications. Advise which of the following insurances the business would require and a short reason as to why you selected that insurance type or not. HInt not all of them are applicable to the scenario provided. Industrial Special Risks Business Package (Can include Fire & Perils / Business Interruption / Glass / Theft / Money / Liability / Machinery Breakdown / Electronic Equipment / General Property) Public & Products Liability Professional Indemnity Management Liability Commercial Motor Vehicle (Can include Windscreen / No Claim Bonus Protection / Hire Car After Accident) Marine Cargo NOTE: It is important to think about all the risks associated with the business and suggest the appropriate Insurance that the business should consider and likely use. The reason for each choice should be provided. 

What are the relative merits of an asset sale versus a share sale to a shareholder of the business? Name one circumstance here one of them will be more appropriate than the other? 

The Federal Government has a history of offering grants and entitlement programs for eligible businesses, one of which is the R&D Tax Incentive. What is the objective of the R&D Tax Incentive program and why does the government offer this program? Pandamonium Pty Ltd is an Australian company, bound by the Privacy Act. It runs a business selling panda stuffed toys online, to Australian customers. As part of this process, it collects email addresses of its customers, in order to notify them of the status of their orders. It does not specifically seek consent to use these email addresses for marketing purposes. 

Is it permissible under the APPs to offer for sale a new line of panda t-shirts and send an email to its customers, advertising these new products.?