Legal Framework of Australian Judicial System

Question: Describe about the Legal Framework of Australian Judicial System. Answer: Lawyer Industry Description Lawyers form a part of the legal framework of Australian judicial system. There are Solicitors and Barristers who assist Plaintiffs and Defendants to present their case before the Honourable Judge of the respective court of justice. Regulating Legislation Law professionals are regulated in Australia by Australia Solicitors Conduct Rules. Every province has their own legislations and rules like Legal Profession Uniform Law 2015 in NSW and Victoria, Legal Profession Conduct Rules 2010 in Western Australia, and the like(Lawcouncil, 2015). Industry Regulator The legal profession is controlled by Australian Independent Legal Regulators and the various legal services that exist in each province of Australia. Law council of Australia forms another body that governs the conduct of the Solicitors and Barristers. Qualification of service provider Anybody who wishes to become a lawyer needs to have requisite Undergraduate and / or Postgraduate degree in law from a registered university in Australia or any international university recognised in Australia. These are Bachelor of Laws (LLB) and Master of Laws (LLM). Hot Topics of the industry Senator Brandis had given a ruling that Solicitor General can give legal advice to the MPs. This was the dispute between Attorney General Brandis and Justin Gleeson. Gleeson wants the ruling overturned saying implications are serious. Brandis feels there is no cause of concern. Recent controversy about the industry Gaye Lyons had appealed to become a Juror in Australia. However, she is deaf and has lost the case. She had appealed in 2012 when she was prevented from being a juror in Brisbane. Interpreters are allowed in Australian courts and she argued that since she can also lip read, along with interpreter she should be allowed to practice. Court quashed it opining that in confidential deliberations interpreters are not allowed(Bbc, 2016). Builder of Residential Buildings Industry Description This industry belongs to the real estate sector of Australia. However, it relates to residential complexes and not commercial establishment. The other construction sector is the one of infrastructure. Regulating Legislation The regulating legislation for construction of residential buildings is acts like Building Act 1975, Building Regulation 2006. These acts provide the standards and requirements for the construction of buildings in Queensland. Similar laws exist elsewhere in Australia(Hpw, 2016). Industry Regulator The building and construction commissioner is the regulatory authority for the building constriction in Australia. This body controls the contractors and home owners alike and deal with licence, insurance and safety. Queensland Building and Construction Commission is one such regulatory body. Qualification of service provider A builder needs to have a license for erecting building in Australia. The builders need to have the minimum qualifications for applying for a builders license. The domestic builders need to undergo trainings and workshops on the same and become certified by the government. The qualifications required are CPC40110 Certificate IV in Building and Construction (Building) Hot Topics of the industry A woman died and a man was injured after falling from the building in Collingwood in Melbourne. The incident happened on 22nd October at 11:30AM ON Little Oxford Street. Circumstances to the fall are being investigated by the police(Abc, 2016). Recent controversy about the industry The most recent controversy lies in the fact that Home Australia group has gone into liquidation. This kills the hope of hundreds of people who were looking forward to move into their own homes. The company was owned by Senator Bob Day and the whole issue has been embroiled into controversy(Armitage, Harmsen, Scopelianos, 2016). Real Estate Agents Industry Description This industry deals in renting, buying selling of property all over Australia. The industry employs estate agents and companies that scout for rentable and saleable properties. It maintains a database of the properties that are on the offer. Similarly, it maintain database of the prospective buyers and renters who wish to avail their services. The job is to make the parties meet one another for servicing. Regulating Legislation There are many legal stipulates that govern the industry. The regulations that control the operations of the industry consist of Agents act 2003, residential Tenancies Act 1997, Agents Licensing Act, Land Agents Act 1994, Property Agents and Land Transaction Act 2005. These acts are applicable in various provinces of the country. Together, these provide the legal framework of legislation in Australia(Austlii, 2015). Industry Regulator The industry is regulated by the respective provincial governments that have department of land and buildings incorporated. Real estate in Australia is governed by the legal framework as mentioned above and no such certified regulatory body exists. The Real Estate Institute of Australia does some monitoring on the issue. The major regulation is through the legal framework of the country. Qualification of service provider Real Estate agents in Australia need to do some short courses to gain insights into the industry and the legal and ethical framework that drives the system. The courses are run by various institutes that have duration of a few months, lie Diploma in Property Services. These include the Real Estate Licence Qualifications as trained by Kaplan Professional. Real Estate agents and corporations need to be registered and seek licence before operating in the market. Hot Topics of the industry The hottest topic now under discussion is that after the global slump in property prices, will the real estate prices in Australia grow or not. Adelaide and Hobart have led the growth market in this respect. The suburbs of Melbourne and Brisbane have actually dropped in the prices. But again properties in New Town have seen an upbeat in the prices. Recent controversy about the industry The recent controversy was of ghost houses which have created a major ruckus in the real estate industry of the country. This seems to be a national scandal as mentioned in the major news papers and is seen to be an unscrupulous attempt to offset the losses made against the loss of rental from keeping a house empty(News, 2016). Franchising Industry Description The franchising industry works on the principle that the core activities are let out by the company to other smaller business partners who do the job on the behalf of the parent company. The parent company sets the methodology and the standards of operation for the sub agents, known as franchisee to operate. Regulating Legislation Franchisee laws in Australia are the set of rules governing the operations of the franchisee system in the country. The Franchising Code of Conduct 2015 is the prime regulation in this respect. The law sets forth the code of practices and determines the financial penalties for non compliance(Accc, 2015). Industry Regulator There is no industry regulator that operates in Australia. However, the government acts as a watchdog for the practices followed by the franchisees and the parent companies. Qualification of service provider The qualification need to be certified the respective provincial governments that regulate the franchisees and the parent company. The regulations call for the implementation of the services as defined by the franchisee unit towards the parent company and the population. Hot Topics of the industry The hottest topic of franchisee news is that Lord of the Fries has landed in Auckland in the franchisee model. This is in response to the Kiwis demand for the famous Australian joint to be present in their country. The company has kept the national image and opened the first store in Auckland. Recent controversy about the industry The controversy that has been going on long in the franchisee world is in regard to the safety conditions of the workers in the franchisee outlets. The franchisee maintains the quality and standards of the parent company to the tee, but it is a regular complain that the service conditions of the parent company are not meted out to the workers of the franchisee. Major brands have been globally embroiled in the controversy and Australia in no exception. References Abc. (2016, October). Woman dead, man critical after falling from Collingwood building. Retrieved October 22, 2016, from Abc: https://www.abc.net.au/news/2016-10-22/woman-dead-man-critical-after-falling-from-collingwood-building/7957210 Accc. (2015, January 01). Franchising Code of Conduct. Retrieved October 22, 2016, from Accc: https://www.accc.gov.au/business/industry-codes/franchising-code-of-conduct Armitage, R., Harmsen, N., Scopelianos, S. (2016, October). Bob Day: Hundreds of homes in doubt as senator's building company collapses. Retrieved October 22, 2016, from Abc: https://www.abc.net.au/news/2016-10-17/families-facing-uncertain-future-amid-home-australia-collapse/7939842 Austlii. (2015, December 15). Property Agents and Land Transaction Act 2005. Retrieved October 22, 2016, from Austlii: https://www.austlii.edu.au/au/legis/tas/consol_act/paalta2005390/ Bbc. (2016, October 05). Gaye Lyons: Australian deaf woman loses legal battle to be juror. Retrieved October 22, 2016, from Bbc: https://www.bbc.com/news/world-australia-37560350 Hpw. (2016). Building laws and codes. Retrieved October 22, 2016, from Hpw: https://www.hpw.qld.gov.au/construction/BuildingPlumbing/Building/BuildingLawsCodes/Pages/default.aspx Lawcouncil. (2015, July 01). Legal Profession Uniform Law. Retrieved October 22, 2016, from lawcouncil: https://www.lawcouncil.asn.au/lawcouncil/current-issues/legal-uniform-professional-law-consultation News. (2016). finance real estate buying australias ghost suburbs a national scandal news. Retrieved October 22, 2016, from News: https://www.news.com.au/finance/real-estate/buying/australias-ghost-suburbs-a-national-scandal/news-story/7e74c62fc314f86a2c8b176f3358d13f