Law Essays

Staff Solutions Pty Ltd (SS) has over 170 employees; therefore, it is imperative for Alexis Ambrose (AA) to comply with the existing Australian employment laws. The Fair Work Regulations 2009, as well as Fair Work Act 2009, are the main laws that SS should cope with. These laws govern the relationship between employers and employees across Australia.

Nature conservation is probably the most important means of survival, or at least prolonging, of life on this planet. Plants, animals, and humans are all parts of an interconnected system and substantial change in each of them affects the other parts of the system. Various types of pollution have put the natural environment under a persistent threat of extinction.

The Union formulated laws to safeguard human rights and establish the structure of governance (Unit 6). Their aim was to protect human rights and equality by ensuring human freedom, dignity, equality, the rule of law and human rights. This study examines the sovereignty of the parliament to make laws and the extent to which the Parliament exercises this power.

With the inception of modern technology, times have cantankerously changed and do call for society to style up. Assault is no longer physical as this is bound to easily be detected, as cybercrime has become the main driving force of society. Criminals have chosen to venture into virtual life crime with many criminals enrolling because of the non-hostility of the environment involved.

The business name will be Mobile World Communication Ltd. The name is suitable because this is a company that will be dealing with the sale of Mobile phones. The company will have all types of phones the customers need and hence the name “Mobile World”. Mobile World Communication Limited takes the form of a sole proprietorship; this is the simplest and most basic of all business structures.

The Civil Liability Act addresses contributory negligence and describes the principles employed to determine negligence on the part of professionals. These principles are also utilised to ascertain whether the individual who had suffered harm had indulged in contributory negligence, by failing to take adequate precautions to avert the harm.

The provisions of the UN Charter, the Security Council through resolutions 425 (1978) and 426 (1978) agreed to: back up Israel’s withdrawal from Lebanon; re-establish international peace and security in the affected regions; and help the Lebanese government regain its authority in the area (UNIFIL n.pag.).

The Constitution is the utmost law of any given state and advocates for the rule of law and the doctrine of separation of powers, and in instances where there is an inconsistency between a statute and the Constitution the provisions of the Constitution remain absolute. The rule of law seeks to show that we are ruled by law and the law alone, and a man can be punished for a breach of law.

The paper will discuss the effectiveness of voting in corporate governance. Shareholders decide on the management of a corporation through voting. Votes are about the number of shares held in a company. Prudent corporate governance is significant in the protection of shareholders' interest in a company. Shares represent ordinary shareholders' assets in a company.

The sale of land on the 1st of July 2010 was purchased 25 years earlier in New South Wales (NSW). The land was acquired before 20th September 1985 hence it is not subject to capital gain tax. The proceeds from the sale of the land are the realization of a capital asset, this amount is not assessable as income under the Income Tax Assessment Act 1997 (ITAA97) section 6-5

The product is income protection insurance which as per 764A of the Corporations Act 2001 is a contract of insurance that is not a life policy or a sinking fund policy with the meaning of the Life Insurance Act. In this case, the insurance product is a consumer credit insurance product. Under RG 234, advertisements for financial products, as well as advisory services, should give clear, correct and balanced messages.

The case study deals with the doctrine of estoppel, which states that the court can prevent a litigant from taking the matter to court where in normal circumstances; it could have taken place in order to prevent an inequitable result on the other party.  In that, estoppel occurs when one party depends on the promise of another party and with that reliance the party gets injured or damaged.

It is quite essential to state that Harry Kakavas had a severe problem with gambling. He made claims of suffering from a mental instinctive motive to gamble and between 2005 and 2006, he lost $20.5 million for playing baccarat at one of the casinos in Melbourne which was run by Crown Melbourne Limited.

Conducting international business involves the development of market entry strategies that are both sustainable and valid for the business. While globalisation of operations might be undertaken utilizing different approaches, many of the simple approaches involve legal elements made through agreement.

The Australian government and the Democratic Republic of Timor-Leste entered into an agreement with Certain Maritime Arrangements in the Timor Sea (CMATS) in the year 2002 immediately after Timor-Leste attained its independence. The treaty came into power in 2003. Later it emerged that the Australian government had bugged the Timor-Leste cabinet offices before the treaty was signed.

Jenny’s immediate obligations, in this case, are many. Under s766A Jenny is obligated with ensuring that she is sensibly practicable in carrying out her duties in that; she is doing all the required things in making sure that she is operating in a fair, transparent, and orderly market. Second, she must comply with her license’s condition.

On 10 September 2012, Future Ltd lodges a prospectus with ASIC, signed by all its directors.  According to the future earnings report by Mr. Peter Grunt, qualified geologist and partner of Grunt and Heave Professional Geology, our mining claims are likely to yield 25 carats per metric ton which, at present costs, gives a production price of $500 per ton.

Jenny’s immediate obligations as a licensed and authorized representative of the AFSLS are; she is obligated to act with integrity while conducting her activities and must provide full disclosure of the financial services she is offering to her clients. These financial services and products she offers to her clients include; superannuation trust and policies for public and personal offers, shares and debentures for companies listed publically.

A Limited has legal obligations under the Corporations Act 2001. Section 7 subsections 4 of the Corporations Act 2001 provides that a company must state and explain the risks involved in investing in the firm. As such, A Limited has an obligation to explain the real reasons behind the sale of 40% interest in B Limited.

The majority of judges held that the Commonwealth government’s decision to prevent the construction of the dam was legitimate that the newly enacted World Heritage Act was legitimate under the "external affairs" power, and that despite other sections of the Act being invalid, the provision that banned the construction of dams was legitimate.

Public limited companies are those organizations that have a share capital that is subscribed by the public or in general terms, investors. These investors buy these shares at their current market price which is in the security exchange market. These prices represent the trading levels of the corporation.

The subsection is subject to the succeeding provisions which state that the insurer may not refuse to pay if the insured proves his acts did not contribute to the loss. In circumstances where the insured proves that part of the loss was not caused by his action, the insurer is obligated to pay part of the claim that doesn’t result from the insured actions.

Many consequences the world and its people are facing because of state immunity (Damrosch). In such an immunity, some powerful members of the state have the power to defend their selves as the pre-emptive policy. They can have a war or fight with any of the countries that have a potential threat to them or their sovereignty.

The strengths of the public interest in the project may be high but the laws concerning international business do not consider much of the interest from third parties. This is to prevent the good relationship, that countries which are aligned in various fields, from being exploited by those that want to create conflicts among the countries.

The nature of the crime indicates that the offender was not alone. Executing such plans need a number of people to abduct, torture, rape kill, and dump. He must be a merciless criminal whose motive is just to rape torture and kill. The bites and cuts on the breasts and bruises can confirm this. It is possible that the offender has a mental disorder.

The Perth Magistrate’s Court heard this case in the fall of 1st February 2016, where Skyla plead guilty. As a result of pleading guilty, the Magistrate referred the client to the Adult Community Corrections Service in order for the Pre-Sentence Report to be prepared. K-Mart demanded that the Court order the client to repay the damages which amounted to $87.50.

The business employs a pool of five casual employees who step in when the other workers are sick or in the course of busy periods. Croissant has employed his teenage daughter in the Melbourne pay office. Two of the apprentices, Crusty Bun in his third year of service and Bob Scone, in his eighth month of service, are feuding over Croissant’s teenage daughter.

The fact that the University has already commenced negotiations with its academic staff coupled with the interest from the trade union for a bargaining period implies that the union is ready to take industrial action in the event that the University fails to reach an amicable agreement with its staff.

Organizations and companies operate in different environments. Globalization and internationalization of businesses have resulted in multinationals opening outlets in different countries. These outlets create benefits and challenges for the community and the multinationals. Such companies face numerous risks ranging from environmental to legal risks, and the imperativeness of risk assessment and risk management is important.

The definition of a partnership under the Partnership Act 1958 shows that there are three elements that have to be met before a business can be referred to as a partnership. These elements are the carrying on of a business, which is in common and with a view or aim of making a profit (Adams and Nehme 2015, 5).

It is essential to state that the Health Records and Information Privacy Act 2002 (NSW) controls the gathering and handling of clients’ information by NSW private and public organizations. The Act applies to all organizations that provide health services or hold, collect or utilise health information.

The interviewees were the students of Indiana State University. The students who we ready for the interviews were included in individual interviewing sessions. Interviews are similar to our day-to-day communication with people; however, they are somewhat diverse because the recorded information is focused as per the researcher. 

Generally, the term corporate governance can be defined as the framework of processes, systems, relationships, and rules within which the authority of the company is exercised and then controlled. The term encompasses the criteria and mechanisms by which firms and those taking control are held accountable.

The charges against Sergio could be based on the fact that he planned to kill Sergio after seeing him. This planning act can be witnessed after him meeting his friend Conrad that gave him the idea that both Sergio. The fact that he acts Sam with a knife a day after and uses the same knife to hit Sergio on the head makes it a planned activity.

Generally, laws are crafted as systems of rules enforced through social institutions with the aim of governing human behavior. The idea of incorporating laws has existed since the start of times and was used as a way of solving disputes among individuals or communities. In ancient times, communities had societal tribunals which would hear cases arising among their members and give direction on the same.

The paper "Engel v. Vitale Case and McKenzie v. Jefferson Case" is a marvelous example of a law assignment. The U.S. Supreme Court reversed the decision of the Court of Appeals. In (Engel v. Vitale, 1962) the court ruled that using the public school system to encourage recitation of the Regent’s prayer, the State of New York has adopted a practice wholly inconsistent with the Establishment Clause.

Contract law is a major area in law and forms the foundation for the business world. A contract, by definition, refers to an agreement between two or more parties who are competent and in which each party benefits and an offer is made and accepted. Such an agreement can either be formal or just plain understood by all the parties involved

A notice of dismissal of 30 days should also be provided to the employee in accordance with the labour law. It will be advisable to obtain consent from the labour law to avoid potential unlawful dismissal. The non-competition clause is valid under Art 39 (2) as it was promulgated by the employer and agreed upon by the employee.

A claimant’s right to make an amendment to the statement of claims in accordance with subsection 1, of the Civil Procedure Act, is not affected by any type of amendment made in accordance with section 7 subsection 22 of the Civil Procedure Act. It is worth noting that Section 7.22 of the civil procedure Act gives consent to the claimant to amend documents in the hearing to substitute the name of the business with the defendant’s personal name.

Defamation is the main cause of action offering protection against attacks on the reputation of the individual or company. It is also an area of law that can frequently give rise to pre-publication legal problems. For those with responsibility for publication, there can often be a difficult balancing exercise in deciding whether to publish and what to publish.

Interpersonal skills include how a person communicates with people around him/her, but also involve confidence and a person's ability to listen and understand. Decision-making, problem-solving, and personal stress management are also categorized as interpersonal skills. Intrapersonal skills involve emotional intelligence.

The second then would be to establish if ‘Just Loafin Around’ Bakeries is a small business or not as per the number of employees. This then would help us deduce if Robert’s company would be exempted from paying the two apprentices he has dismissed (Bob and Crusty), especially in the case of Crusty who may challenge his dismissal.

In taxation, there are acts that may be seen as unlawful and there are others that are lawful in the Australian tax system. Immunity for different people and for different acts, (Wallschutzky 1985, P 46) This paper will try to explain what items of business are taxed and which ones are not taxed, and to which extent, the different types of income s that are taxed.

The judges who determined the case are Muir, an appellate court judge, and Atkinson and Applegarth who are judges. In this case, the original claim was made by one Florence Agnes Welch against her niece, Jane Graham. The Plaintiff was an old lady aged 76 years. Also enjoined was Jane Graham's husband Tim Graham who was a co-owner of the home where the alleged injury took place.

Reginald Emmerson had a substance abuse problem and had been convicted on three occasions of offences related to drugs: in 2007 for 4 counts of drug possession and 1 count of self-administration of drugs; in 2010 for 2 counts of drug possession, and; in 2011 for 1 count of possession and 1 count of supplying of prohibited drugs.

In any proceedings, it is mandatory under statute law and legally to give the other party sufficient time to determine whether they would consider an out-of-court settlement or proceed with the suit. The out-of-court settlement can include arbitration, mediation or family reconciliation before litigation.

According to Annie, Wakefield has been mentioning mediation to take care of their son together. As defined in the Family Law Act mediation is a process by which parties engage in family dispute resolution with the help of a person qualified and registered as a mediator. There should be a written statement on how the mediation should be taken.

In addition, the director has the duty of questioning the staff members on the progress of the business regularly to establish if the organization is performing well or not (Beinhocker 2006). Before the director faces disciplinary action by ASIC, he or she has the right to question other staff members on how the company is going.

The court held that there is a lot of care of duties imposed on directors of a company by legislation. Others have been imposed on directors by the common law. The company directors should have a duty of care to the company and should take reasonable decisions while performing their duties as directors.

Youth crime relates to the substantial usage of drugs, substances, and socialization processes within society. It is also ideal to note that society provides a platform for young offenders to execute their crimes. This is through increased accessibility to drugs, as well as existing privileges in the criminal and justice systems.