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Facts:
Joe is a taxi driver. He reaches an agreement with Ann, who owns a taxi, on these terms:-
• At times to be agreed, Joe can pick up the taxi from Ann, who will deliver it with a tank full of fuel, in a clean condition and in proper repair.• Joe can then drive the taxi for profit-making purposes for a maximum 12-hour shift, charging standard taxi rates, and using the radio system which Ann pays for at her own expense.• During the shift, Joe will be entitled to buy petrol for the taxi out of the takings from the taxi fares.• Joe must return the taxi to Ann no later than the 12-hour limit, in a clean condition and with the fuel tank full.• The balance of Joe's takings (after fuel costs) will be shared between Joe and Ann 50/50.• Ann will be responsible to pay for all other expenses of running the taxi, including taxi licence renewals, repairs and maintenance, insurances, etc.
Question 1: Provide a legal argument for why this is NOT a partnership under the Partnership Act 1891 (Qld).
Question 2: Apply the "three certainties" to demonstrate why this agreement does NOT create a trust.
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