BLO3405 Financial Law Institutions Assignment

Adrian is a chef from New Zealand and has recently moved to Melbourne. He is keen to open up a Café in St Kilda. He finds a great premise to lease on Beach road. He signs a lease with the property owner, Normann. Adrian can’t afford to buy the kitchen equipment outright so he gets a loan from JKN Bank for $100,000. A term of the loan agreement was to register the equipment on the Personal Property Security Act. Using the money borrowed, Adrian opens the café but it doesn’t do well. After a few weeks, he is unable to keep up the payments to Normann, JKN Bank and other suppliers. After another month of not receiving his rent, Normann changes the locks on the premises and says that until his rent is paid in full, he has complete ownership and interest of everything inside.

Advise JKN Bank on what their position is in regards to their interest in the kitchen equipment versus Normann’s.

Information about the Assignment (Part 2)

This is an individual assignment (not a group one).

Your assignment may adopt headings and sub-headings, and referencing will be required.

This assignment format:-

1500 (+/-10%) words in total ( excluding references and bibliography)
Include internal references ( any style may be adopted such as AGLC, APA or Harvard style of referencing)
Include a bibliography at the end of your assignment

D. This Assignment counts for 15% of the total assessment in this subject.

The due date for the assignment is end of WEEK 10

How to submit

(1) You must submit a softcopy of your assignment through VU Collaborate drop box by the due

date. This allows for official receipt of the assignment, and Turnitin analysis

AND

(2) You must also submit a hardcopy to your lecturer at your lecture in Week 11. The hardcopy must be the

same as the softcopy, and include a declaration form. It will be marked and returned to you with

a feedback sheet.

F. Ensure that you refer to authorities ( texts, cases and legislation) accurately. Refer to VU’s plagiarism and referencing policies. In particular:

Acknowledge sources, including textbooks and articles and internet materials. See http://www.vu.edu.au/library/referencing-copyright/referencing-guides which refers to different style guides including APA, Oxford, and Harvard. Please use only one of these guides for your assignment.
Do not quote from source material without using quotation marks.
Even where you do not quote directly from a source but use an idea from that source, you must acknowledge that source even when you express it in your own words.
Include a bibliography at the end of the assignment

G. Recommended reading includes:

Internet references given in lectures,
including the legal search engine www.austlii.edu.au (search under ‘banking’)
Butterworth’s online publications ( available through VU’s intranet/ library site)
Your textbook and other banking law texts

H. Scholarly writing, plagiarism and copyright

Part of what it means to be a ‘scholar’ is to engage with the work of others, for example, to extend or refine one’s own ideas, critique the work of others, or test and extend theories. Learning and assessment activities therefore often require you to gather information from a number of sources. This may include factual information, data or calculations, visual artefacts and written texts. Whenever you use the work of another person, you must acknowledge that source using the correct referencing system. Failure to acknowledge other people’s work appropriately may be regarded as plagiarism or academic misconduct. Use of one's own previous work in satisfaction of a new assessment requirement is also not be allowed unless it is an explicit requirement for the unit.

VU deals with plagiarism according to the Academic Integrity and Preventing Plagiarism Policy.

VU uses Turnitin for the review of written assessments. Turnitin checks submitted work against sources from across the world, and provides a report detailing the use of third party text and references. Written assessments are automatically submitted via Turnitin in the unit site. You may be provided access to submit assessments early and review the reports, to help you understand where referencing should occur.

All students and staff of Victoria University are also bound by the requirements of the Copyright Act (1968) and the University’s Copyright Material (the Use of) Policy when using third party copyright material in the course of their research and study. Please ensure that you familiarize yourself with this policy and the rules around use of materials produced or owned by others. For information on copyright entitlements and responsibilities for study and research please see vu.edu.au/library/referencing-copyright/copyright.

I. Academic writing and referencing guidelines

VU provides tools to assist you in understanding appropriate referencing, including those linked below. More can be found on the library website and under ‘Support and Resources’ on your unit site.

J. Important information about assessment

Your unit of study assessment conforms to the Student Assessment for Learning Policy and

procedures, which are available in the University policy library: https://policy.vu.edu.au/document/

view.php?id=260.

K. Adjustment to assessment arrangements

If you are unable to undertake or complete an assessment due to adverse circumstances the following arrangements may apply:

Late submission of assessments - Short extension of time

If you are unable to submit an assessment item on time, due to circumstances outside your control, you may apply for a short extension of time of less than five (5) working days. The standard penalty for late submission without an approved short extension will be 5% of the total possible mark per working day. If submission is overdue by more than ten (10) working days, the work will not be assessed. Full details of the procedure for applying for a short extension are available here. You can download the form from the policy library or use the quick link here.

Special Consideration and Alternative Examinations

Sometimes there are circumstances that are also out of your control, which are likely to affect your ability to complete an assessment task/s on time, and these events would require more than a short extension of time referred to above. Special consideration is available for unexpected short-term physical or mental ill-health or other unexpected circumstances outside your control. After you apply for special consideration your application is forwarded to the Unit Advisor/Co-ordinator. You might be granted an extension of time, an alternative assessment, removal of a late penalty or adjustment to marks, depending on your circumstances.

Alternative examinations are available for exceptional circumstances for students who apply at least five (5) working days prior to the commencement of the examination period.

You can find information and forms for special consideration and alternative examinations at

https://www.vu.edu.au/student-life/your-course/exams-assessments/submitting-your-

assignments/short-extensions-special-consideration .

Ongoing modified assessment

Ongoing modified assessment arrangements are available if you have a disability or medical condition that may impact upon your studies. See Disability Support at https://www.vu.edu.au/campuses-services/student-support/disability-support.

You may need to contact a student counsellor to assist you with this process. For further information please see vu.edu.au/student-life/getting-help/counselling.

If you wish to be considered or apply for one of the above adjustment to assessment arrangements, you should refer to the relevant procedure associated with the Student Assessment for Learning Policy.