Case Study
1. Identify the areas of law that are relevant to the chosen media report, and explain how they are relevant to the matters outlined in the report.
This article reports on the security/safety issues surrounding a vacant Peppermint Grove mansion. The mansion is unable to be sold by Radhika and Pankaj Oswell due to unresolved issues regarding unpaid taxes of up to $186 million.
Contract Law
Earning money in Australia, a contract is entered into with the Australian Tax Office (ATO) to pay taxes according to the amount of income being made. As there has been a dispute with Mrs Oswell owing the ATO a very large sum of money, there is an issue regarding contract law, as she is obligated to pay the money that she owes.
Criminal Law
Neighbours have reported that the vacant mansion has been used for many loud parties, this is a form of trespassing which is a breach in the law. If caught offenders could be prosecuted with either jail time or a fine, depending on whether damage to the property has occurred or not.
Property Law
The Oswell’s case also involves property law. The ATO has put a freeze on the property meaning that until the dispute has been settled, the Oswell’s are not allowed to sell the property. Nearby residents are now claiming that the responsibility of monitoring and securing the building falls to the ATO, furthermore an online survey showed that the public is in favour of converting the vacant property into something of community benefit as the missing $186 million was effectively owed to the other tax payers.
2. Demonstrate how the law functions in these various ways, by reference to specific examples within the chosen media report and the areas of law you identified in question 1.
Ensures reasonable predictability in daily life;
A contract is a good example of reasonable predictability in daily life, as it is expected that people will follow what is put forth in said contract.
An example
This article reports on the security/safety issues surrounding a vacant Peppermint Grove mansion. The mansion is unable to be sold by Radhika and Pankaj Oswell due to unresolved issues regarding unpaid taxes of up to $186 million.
Contract Law
Earning money in Australia, a contract is entered into with the Australian Tax Office (ATO) to pay taxes according to the amount of income being made. As there has been a dispute with Mrs Oswell owing the ATO a very large sum of money, there is an issue regarding contract law, as she is obligated to pay the money that she owes.
Criminal Law
Neighbours have reported that the vacant mansion has been used for many loud parties, this is a form of trespassing which is a breach in the law. If caught offenders could be prosecuted with either jail time or a fine, depending on whether damage to the property has occurred or not.
Property Law
The Oswell’s case also involves property law. The ATO has put a freeze on the property meaning that until the dispute has been settled, the Oswell’s are not allowed to sell the property. Nearby residents are now claiming that the responsibility of monitoring and securing the building falls to the ATO, furthermore an online survey showed that the public is in favour of converting the vacant property into something of community benefit as the missing $186 million was effectively owed to the other tax payers.
2. Demonstrate how the law functions in these various ways, by reference to specific examples within the chosen media report and the areas of law you identified in question 1.
Ensures reasonable predictability in daily life;
A contract is a good example of reasonable predictability in daily life, as it is expected that people will follow what is put forth in said contract.
An example