Question 1. (10marks)

Imagine that s25 of the TAFE Education Act 2002 in your jurisdiction makes it an offence ‘to bring heroin, cannabis, cocaine or any other drug onto a TAFE campus’. The Education Minister said in parliamentary debate that s25 was introduced to prevent drug trafficking on TAFE campuses.

 

Explain how the common law and statutory rules of interpretation could be applied to the following situations;

 

  • Winnie is caught by a security guard as she is licking white aspirin powder. According to the Macquarie Dictionary, aspirin is a drug. Would Winnie be guilty of the offence. (5 marks)

 

 

  • Cisco is caught with his methadone dose that has been legally prescribed from him. Would Cisco be guilty of the offence. (5 Marks)

 

 

Question 2 (10 marks)

Aurelie is a successful ballerina but a promising career has been cut short by a serious injury to her right knee. She has torn the anterior cruciate ligament in this knee and requires surgery. She attends the Glades Private Hospital for the surgery to be performed by Dr Stephens. Before being taken to the operating room Aurelie is given a pre-med to relax her. As she is waiting to go into the operating room a nurse checks her details. She is asked which knee is being operated on and in her ‘relaxed’ state points to her left knee. The nurse places a cross on this knee with a coloured pen. Dr Stephens operates on Aurelie’s left knee and finds a perfectly intact cruciate ligament. He then operates on and repairs Aurelie’s right knee. When she awakes she is horrified to find that she cannot move either leg. Advise Aurelie.

 

 

 

 

Corporate Law Questions

Question 1

Red Mine Pty Ltd (Red) is a wholly owned subsidiary of GM Limited (GML). Red has few, if any, assets of its own. In 2010, an employer of Red went on to the land adjoining its mine site and left the gate open. A valuable experimental flock of Dorper Sheep escaped from the adjacent land and were lost.

In what circumstances might a court be willing to “pierce the corporate veil” and make a parent company liable for damages caused by a subsidiary?

 

 

Question 2

 

Nick Galli has a real passion for organic wine and would like Family Organic Wine Pty Ltd (FOW) to adopt a constitution that includes a provision guaranteeing his position as head winemaker at FOW.

 

Having regard to s.140 of the Corporations Act and the relevant case law, would Nick be able to enforce such a provision against FOW.

 

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