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LWZ115 Legal History, Theory and Process Commercial Law

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Consider the following hypothetical scenario and hypothetical legislation:
In the aftermath of a recent cyclone that had left many buildings destroyed in Darwin, the Northern Territory Government introduced the Preservation of Significant Historical Buildings Bill. In the Second Reading speech to the bill, the Minister for Planning and the Environment stated: 
“Every member of Parliament has been saddened by the recent destruction in Darwin and the Government is committed to preserving what remains of our precious heritage buildings throughout the Northern Territory. This legislation will introduce hefty fines and prison terms for people who deface or degrade our heritage buildings. It will also protect other buildings of significant cultural value, like our places of worship, our war memorials and other buildings that reflect the cultural diversity of the Northern Territory. Through these measures we aim to ensure we can protect our precious historical buildings and other structures of significant cultural value in our community.” The bill was passed and assent from the Administrator was declared in the Government Gazette on 6 February 2021. The Act read as follows:
Preservation of Significant Historical Buildings Act 2021
1) Object The object of this Act is to protect buildings of historical significance. 
2) In this Act, the following definitions apply: “building” means any man-made structure including a house, shed or enclosure. “damage” includes causing permanent and significant alterations to a building. “historical or cultural significance” means having historical or cultural value to a significant proportion of the population. 
3) Failure to maintain a historical building It is an offence for an owner of a building of historical or cultural significance to fail to maintain or keep that building in a reasonable state of repair.
4) Causing damage to an historical building It is an offence for any person to damage, destroy or otherwise interfere with a building of historical or cultural significance.
Wallace Gromit owns a pub in Alice Springs called The Outback Hotel. Built in the late 1980’s the pub building is an unremarkable brick construction that hadn’t been renovated since it was built. Two years ago the famous pop group, Two Directions Reunited, were in Alice Springs to shoot an advert for Tourism Australia. They turned up to The Outback Hotel one night and played an impromptu gig. Unfortunately there was a freak lightning strike during the gig and one of their most popular members, Henry Giles, received a shock through his microphone and died instantly. The death caused an outpouring of grief amongst teenagers all over the world and ever since the death they have visited The Outback Hotel in their thousands to pay their respects and leave flowers and cards at a makeshift shrine that was set up on the stage. 
Wallace got sick of all the teenagers everywhere who weren’t spending any money in the pub, so on March 10th this year he refitted out the whole interior with poker machines and in the process demolished the stage where Henry died as well as the shrine. There was a huge uproar amongst Two Direction fans and, after a petition that went global, Wallace wascharged under s4 of the Act.

LWZ115 Legal History, Theory and Process Commercial Law

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Using the stated facts, answer the following questions. FULLY EXPLAIN your answers to get full marks. 1.Who is the Plaintiff and who is the Defendant? 2.What is the name of the pleading document (as discussed in class) that Dolly needs to file to initiate her action? 3.Based on the information gi ...

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Assessment Task Question 1  Bob Beech is a scallop fisherman and involved in commercial scallop fishing in the coastal water of Jervis Bay in New South Wales. The stock of scallops in this water is limited and subject to protective legislation to ensure regeneration. Hence, the Scallop Fish ...

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What is ADR? Describe the various types of Alternative Dispute Resolutions (ADR) in the United States. Providing the bases for your opinions and/or real world examples, please discuss the following: (don’t forget to answer these questions as well)… (Include abstract) There are three bas ...

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The steps for the process of making an ethical decision are described in Chapter 4 of your text. Using the steps, describe an ethical dilemma you have faced in the last year, and apply the steps to the process. Using your own experience as well as the material from Chapter 4 of the text, address the ...

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