Question

Banko Tanaka, a Japanese martial artist, migrated to Australia in 2018 and now lives in Nundah. He decides that this is the ideal location to fulfil his dream and open his own dojo, where he will teach karate classes. A studio is available for lease at a local shopping centre, which is owned by Mosman Management Pty Ltd. Banko meets with Jason, the manager of Mosman Management, to discuss renting the studio as a karate dojo. During the meeting, Jason notices that Banko is not fluent in English and has a limited understanding of business and financial matters. Jason advises Banko that there are many people interested in renting the studio, and if he wants to secure the lease of the studio, he will need to sign a 20 page lease agreement within 24 hours. Banko has trouble reading and understanding the complex lease agreement, however he signs the agreement and returns it to Mosman Management. Unbeknown to him, a clause was inserted into his lease agreement stating that his rent would be $3,500 per month, which is 25% higher than what the other tenants in the centre are charged. Advise Banko as to whether Mosman Management Pty Ltd has breached any provisions of the Australian Consumer Law (ACL) 2010 and the supporting common law with respect to the lease of the studio. What remedies (if any) are available to Banko and ACCC under the ACL?

Write an “Application”: Briefly explain the relevant sections of the legislation and/or case law and then apply it to the facts of the question, and use the facts of the question to justify your answer. 2. Write a ‘Conclusion: Include the standard of proof, identify the institution that would hear the matter and briefly answer the specific question that was asked.

Answer 1

1. ACL stands for Australian Consumer Law. According to this law, it provides a Guarantee to the consumer.ACL is also known as Consumer Guarantee as it provides a guarantee to the consumer and it set out consumer rights.these rights include the goods and service purchase by the consumer it will be refunded, rights to a repair, replacement, or refund.ACL requires businesses to provide consumer guarantees.

Complain Application

Banko Tanaka

Nundah, Japan.

16/10/20

High Court of USA

1 First St NE, Washington, DC 20543, United States.

Dear Sir,

I am writing this letter to bring your attention to that I am not satisfied with the services given by Mosman Management Pty Ltd. I am Banko Tanaka, a Japanese martial artist who wants to open my Karate Class in Australia. For this purpose, I want a place to open my classes. A studio is available for lease at a local shopping center, which is owned by Mosman Management Pty Ltd Whose manager is Mr.Jason.

Mr.Jason cheating me by taking advantage of I am not fluent in English and has a limited understanding of business and financial matters and take signon lease agreement which stating that his rent would be $3,500 per month, which is 25% higher than what the other tenants in the center are charged. As per section 18 under ACL, I am filing a case against Mr.Jason who is the manager of Mosman Management Pty Ltd.

I hereby request you to resolve my problem and take certain serious steps and action against this Mosman Management Pty Ltd so, they can never do this thing again with anyone.

Seriously

Mr.Banko.

2. Lease Agreement is the standard of proof which is the sign by Mr.Banko which states that his rent would be $3,500 per month, which is 25% higher than what the other tenants in the center are charged.Mr.Banko can file a case as Per section 18 under ACL and file a case against Mr.Jason for fraud.Mr.Banko can file a case in Court and the Magistrate can listen to the problem of him and take relevant action by them.