Australian Legislation

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Australian Legislation

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Australian Legislation

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Question:
Describe about the Australian legislation.

Answer:

Australian legislation has many rules and regulation to determine its existence in each and every sector. In this problem, the solution is needed to open a seafood restaurant in Sydney. Thus, when the legal attorney provides suggestion for the beginning of a new and fresh business, he/she will suggest the ideas based on Property Law, Sale of Goods and Consumer Protection and the Intellectual law of Australia. As these are the main criteria which are needed to be followed in order to establish the business in Australia.
Australian property legislation deals with various kinds of property rights within its each jurisdiction as well as in different states of Australia. Property legislation of Australia is grounded upon all the states by following the principle based on Torrens regarding the registration of the title. This provision also discusses the registration of various entitlements which includes a mortgage of land, which helps in securing loans. Each and every land is under a jurisdiction, and it follows the principals of various land laws implemented on them. There are two types of properties which include Real property and Personal property (Aplin et al. 2013).
According to the common law system, we can state that Real property is regarded as property which is immovable property or real estate. Thus, as per the provisions of law, we can state that real properties are regarded to those properties which are subjected to land and the improvement of these lands are done with the help of human efforts. There are various examples which can be granted under the real property that includes ponds, buildings, canals, mines, wells, dams, roads, etc. As per the common law system, it can be said that real properties are those properties which are protected by the means of real action with contrast to the personal property, and in this regard the plaintiff has to resort a different from of action. Real properties can be identified with the help of various legal property descriptions. This description means the marks on the boundaries which are manmade (Whish and Bailey 2015). Such limits include roads, highways, railway tracks, shores of lakes, ridges crest, etc. The law which explains the various kinds of interest is known as real estate in real properties. These estates are determined with the help of languages of law that includes will, deed, lease, bill of sale, grant of law, etc. by the process which the estate or property was acquired. Estate are distinguished with the help of varying rights of the property which is vested on each and also helps in determining the transferability of the various estate (Badenhorst et al. 2012). The parties who only enjoy the rights of the estate are known as a “tenant.”

Another most important part of a property is called personal property; personal property is that property which is movable in nature and is not attached to the land (Bently 2014). According to the civil law also it can be stated that personal property is just the opposite of real property, and it includes wildlife, chickens and other small livestock. There are two types of property which include:

Tangible personal property- It refers to those properties which can be moved from one place to another easily, and it includes furniture, writings, arts, jewelry, house hold goods, clothing’s, etc.
Intangible personal property- It refers to those properties which cannot be easily moved, touched or felt, but rather can be represented valuably by securities, assets which are intangible, negotiable instrument, etc (Burrows, 2013).

Thus, the suggestion by the Attorney to open a seafood restaurant will be to choose the appropriate property in which the business can be established and be maintained with prosperity and will include real property. It may be in the form of ownership or mortgage (Burrows, 2013).
The second most important rules which are to be followed to establish the business will be under the Sale of Goods Act and Consumer Protection Act (Bridge, 2015). This act states about the Consumer Protection which is a law or organization and protects the rights of the consumer and fair trade. This law helps in preventing the customers against fraud as well as unfair trade practices from gaining an advantage over the competitors. According to the provision of law, consumers are regarded to those people who acquire the goods and services as a direct ownership or use rather than reselling of its production and manufacturing. The interest of the consumers can be protected by making the promotion of competition in the market. Consumer protection can be asserted by the non-governmental organization. Consumer rights as stated by UN Consumer Bill Of rights consist of various uses which include safety right, rights of choosing, basic needs and satisfaction rights, consumer’s educations rights and also the rights of informing the consumers about the goods and the products (Corones, 2013).
Lastly, the suggestion will be regarding intellectual property law in Australia. It can be stated that the rules of the patent are basically to avoid the contradiction between the names and rights of two companies. Australian Trade Mark Law includes certification as well as collective marks. According to section 17 of this act, it can be stated that trade mark is the sign which is used or rather intended to use to distinguish the goods and services that are provided by any other person. In Australia, the registration is for ten years and further is extended to the additional of ten years. In case if there is a failure of registration for three years and there may be cancellation on the grounds for notion. There are various patent examiners in Australia who are generally scientist and engineers but they do not hold the degree but legal training of the patent law. They are hired on the basis of their technical expertise and professional skills. They basically work under the agency of trademark right and they help indentifying the trademark and patent rights. They are assessed to be competent with the assess applications and helps in making decision about satisfying and qualifying all the legislative provisions. (Carney, 2012).

Reference List:
Aplin, T.F., Aplin, T. and Davis, J., 2013. Intellectual property law: text, cases, and materials. Oxford University Press.
Badenhorst, P., Freedman, W., Pienaar, J. and Van Wyk, J., 2012. The principles of the law of property in South Africa. Oxford University Press Southern Africa.
Bently, L. and Sherman, B., 2014. Intellectual property law. Oxford University Press, USA.
Bridge, M., 2015. Personal property law. OUP Oxford.
Burrows, A. ed., 2013. English private law. OUP Oxford.
Carney, T., 2012. Guardianship,”social” citizenship and theorising substitute decision-making law. In Beyond Elder Law (pp. 1-17). Springer Berlin Heidelberg.
Corones, S.G., 2013. The Australian Consumer Law. Thomson Reuters, Lawbook Co..
Davis, J., 2012. Intellectual Property Law Core Text. Oxford university press.
Davison, M., Monotti, A. and Wiseman, L., 2016. Australian intellectual property law. Cambridge University Press.

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