Mortgage Financing

post has two assignments

Part A (700 – 1,000 words)
Gertie and Eddie are getting divorced. They have one jointly-owned asset – a rental property. It is currently worth $600,000 and has no mortgage on it.
It has been decided that Eddie will obtain a mortgage for $300,000 and pay-out Gertie.
Eddie has sought your advice regarding the deductibility of the interest and borrowing expenses against the rental income.
Research this problem. In presenting your argument provide any relevant sections, cases and rulings which may support your position. You should also provide commentary on any opposing arguments.
This section must be referenced in accordance with the Australian Guide to Legal Citation (AGLC). A summary of this document has been provided on Blackboard.
Part B (300 – 500 words)
Prepare a letter of advice to Eddie.
For this section it is not necessary to use referencing.

2:Courts and tribunals

Courts and tribunals are sometimes faced with a challenge when applying the traditional distinction between ‘employee’ and ‘independent contractor’ to real life employment situations. Such regulatory challenges are highlighted by the digital economy and the relationship between drivers and Uber in the ride sharing business. Discuss whether you think drivers are employees or independent contractors. What challenges do services such as Uber pose for employment regulation and the distinction between employee and independent contractor? The below materials and the Uber UK case will allow students to complete this question but general research on Uber may also be helpful (20 marks)

Readings and Research

To answer these questions further research may be useful. You should draw on the lecture and the readings for this topic.

The following materials are a helpful starting point in answering this problem:

• Andrew Stewart, Stewart’s Guide to Employment Law (2015) Chapter 3.
• Andrew Stewart, ‘Redefining Employment? Meeting the Challenge of Contract and Agency Labour’ (2002) 15 Australian Journal of Labour Law 235.
• Cameron Roles and Andrew Stewart, ‘The Reach of Labour Regulation: Tackling Sham Contracting’ (2012) 25 Australian Journal of Labour Law 258.
• Abdalla v Viewdaze Pty Ltd (2003) 122 IR 215.
• Hollis v Vabu Pty Ltd (2001) 207 CLR 21.
• Fair Work Ombudsman v Grouped Property Services Pty Ltd [2016] FCA 1034.
• Aslam, Farrar & Others v Uber (2015) Case Nos: 2202550/2015, Employment Tribunals (UK).

Courts and tribunals