LAWS13018 Australian Consumer Law, T1 2022

Assessment One Task Instructions

1. This assessment is worth 40% of the overall assessment for this Unit.

2. Students will be presented with a factual scenario and will be required to answer two
(2) questions based on the scenario. Answers should be prepared in the form of
advice to a client.

3. The assignment must be submitted electronically on Moodle no later than 11:59 pm

on Friday, 1 April 2022 (Week 4, Qld time).

4. The word limit is 2000 words in total. The word limit includes all headings,
quotations, attachments, and any other words that form part of your answer.
Footnotes do not form part of the word count, provided they do not contain matters of
substance. No word ‘buffer’ applies.

5. Your answers must be fully referenced in accordance with the Australian Guide to
Legal Citation (Melbourne University Law Review Association Inc and Melbourne
Journal of International Law Inc, 4thed, 2018).

6. Your assignment must be typed and in at least font size 12.

7. This assessment must be your own work. Plagiarism must not occur. Do not copy
from another student. You must not work with other students, receive assistance
from others, or assist other students with their assignment. You must not share your
work with others.

8. Assignments received after the due date will attract a late penalty.

9. If you have a genuine reason for late submission of your assignment (i.e. medical
illness) you should contact your lecturer as soon as possible (and where possible,
before the due date) to seek an extension. You will be required to provide a medical
certificate and/or other supporting documentation to support a request for an
extension.

10. If you have any questions regarding this assignment, please email Arabella Kullack
as soon as possible: a.kullack@cqu.edu.au .

Scenario:

You are a first year lawyer and you have been engaged by RelaxationPlus Pty Ltd to provide
advice to their board of directors in relation to several matters which have recently arisen
concerning customer satisfaction.
LAWS13018 Australian Consumer Law, T1 2022

The chair of the board advises that he wants to ensure he has a clear understanding of the
Australian Consumer Laws and that the Australian Consumer Laws are not being breached.

RelaxationPlus Pty Ltd runs a Wellness and Yoga Retreat (the Retreat) in the secluded
rainforest near Port Douglas. Guests attend and stay at the Retreat, and book wellness
activities and yoga classes using a QR code provided to them upon check-in. One on One
yoga sessions and training sessions are also available.

Question 1

The impact of the Covid-19 pandemic was felt by the Retreat and as restrictions eased
across Australia, the board of directors decided to “go hard” with new advertising campaigns
to try and encourage new bookings and interest in the Retreat.

The board of directors authorised the preparation of new digital and hard copy brochures
stating the Retreat was “the premier Wellness and Yoga Retreat in Queensland”, that it
“provided peace, tranquility and a place to invigorate one’s soul” and “offered world class
yoga instructors equipped to deal with all levels of experience”.

The brochure highlighted the yoga classes, nature walks, kayaking and in house “clean
eating” restaurant. It also spotlights Sunny Flower, one of the yoga instructors at the
Retreat, and a very well respected teacher in yoga circles across Queensland.

The brochures also advertises unlimited yoga classes for a once off fee of $200 to those
guests who booked to attend the retreat between 1 and 31 December 2021 for stays of 3
nights or more. These brochures were distributed to the Retreat’s existing digital database
and provided to tour agencies around Queensland for distribution. Payment was made at
the time of booking to secure special deal.

You are advised that there are three daily yoga sessions: morning, early afternoon and
evening. Only 15 people can attend these classes and attendance is secured on a first in
best dressed policy. If the class allotment is satisfied, a guest of the Retreat can only book
into the class for a fee of $15.

Discuss.

Question 2

The chair of the board also advises that the Retreat has recently had to employ new staff, as
another incidence of the Covid pandemic. You are advised of an incident where a guest
contacted the Retreat directly to make a booking.

The guest advised the receptionist that she saw Sunny Flower was teaching at the retreat
and this is what encouraged her to book a stay. Sunny Flower was one of the only yogis
teaching chair yoga and the guest explained that since a back injury, chair yoga was one of
the only forms of exercise she could do.
LAWS13018 Australian Consumer Law, T1 2022

The guest enquired about the one on one yoga sessions with Sunny, and was told that they
could be arranged upon arrival. The receptionist noted that not all instructors knew the
practice of chair yoga. However the receptionist did not advise the guest that Sunny Flower
was not offering one on one sessions, nor did she advise that Sunny Flower only taught at
the Retreat one week per month; and the guest had not booked during this time.

Discuss.