Law Essays

Academics have most recently taken into account Australian company law. The reason is that Australian law is depicted to come from English law. Australian company law evolves from different perspectives and this paper discusses the legal statutes that govern lending decisions between the 1800s and 1900s.

The interventions of these agencies are insisted upon before one can approach a court of law for family law disputes. However, in case of violence in the family, compulsory dispute resolution is dispensed with. Provisioning is made for the issuance of protection orders to the potential victims and for being monitored by the police. 

The creation of the Australian Constitution began in a series of meetings held during the 1890s and was approved in referendums held by the people of the Australian colonies between 1898 – 1900. The draft was enacted as a section of the Commonwealth of Australia Constitution Act 1900 and Queen Victoria signed the Commission of Assent on 9 July 1900.

In Australia, evidence acts are the domain of the constituent members of the federation or the states of the country thereby making it a genre of law and legal studies that is often difficult to harmonies and quantify. Evidence law is an area where the Commonwealth, States, and Territories all have responsibilities.

There are lots of security reasons that the people will be aware of like national security, country security, and so on. The new type of security that has been said is “food security”. Security has been thought of as the absence of lowered risk and there have been steps done by everyone to ensure that national secrets are not compromised.

The special equity of wives basically applies where a husband induces his wife to sign a guarantee whose nature or effect she does not comprehend. Women in most cases get to participate in guarantees because they have a personal relationship with the borrower, mainly the husband, but not because they fully understand the implications of their involvement.

According to Richard (1996), discovery refers to the pre-trial stage within a lawsuit whereby every party in the civil procedure may request evidence and documents from the other party and may compel evidence production through the use of a subpoena or other discovery tools, like depositions or request for document production.

In ASIC V Healey &Ors, Justice Middleton of the Federal Court of Australia held that the error in the financial statements should have been noticed by the company’s directors. He also noted that none of the directors had been ignorant of the liabilities and guarantees of the company (ASIC v Healey & Ors, 2011).    

The General Conference of the United Nations Educational, Scientific and Cultural Organization, (UNESCO) meeting was held from 3-21 October 2005 in Paris. The main aim of UNESCO is to contribute to peace and security by endorsing collaboration among states via education, science, and culture (Angela & Anne, 2006). 

The doctrine of separability however offers a remedy to the discrepancy mentioned above as it provides an opportunity for the arbitration agreement to be separated from the main contract between parties, thus facilitating disputes to be settled through international arbitration even when courts deem the relevant contracts to be null.  

The ministers proposed talks for WTO agreements through working groups that would be in tandem with WTO’s existing dispute resolution mechanism and which would (1) restrict the right of governments to control foreign investors; (2) bar governments from supporting domestic businesses against overseas competitors' trade and investment. 

Offenders with a mental condition or mental incapability or illness or at times referred to as persons with disability as far as their intellectual ability is concerned have formed the basis for numerous discussions, especially when it comes to their treatment by the criminal justice system in New South Wales hereinafter NSW and Australia at large

Surrogacy issues are on the rise in most parts of the world today. There are certain statutes and common laws that are been developed in various countries in order to govern these issues. In the United States, surrogacy is upheld by some states with legal systems, which include California, New York, Arkansas, and Massachusetts.

The process was a major landmark for China's integration into the world economy. China's quest to join WTO had taken 15 years a process which acted as a learning experience. The 15 years in which the Chinese government had taken to join WTO involved a lot of negotiations which took a long time, unlike other countries.

Open Court Act 2013(Vic) came into effect on 1 December 2013. According to Section 1, the main purpose of the Act is to reform and consolidate the provisions with the aim of ensuring that the media is able to access information easily. This is considering that prior to the Act the media organizations had a lot of difficulties due to the suppression order.

The common law does not provide a comprehensive definition of the term banking. All the same, it is commonplace to accept the traits of banking activity, which had been ascertained by Denning MR in United Dominions Trust Ltd v Kirkwood. The characteristics identified by him were; first, the conduct of current accounts; the payment of cheques; and the collection of cheques for a customer.

In many countries over many years, societies have welcomed weary, frightened strangers, the victims of violence and persecution (Arulanantham, 2008). This humanitarian tradition of protecting disadvantaged people is often now played out on TV across the world as large-scale persecution and civil war in different parts of the world produce millions and millions of asylum seekers and internally displaced individuals.

A young offender is defined as a young person who in many countries and states is legally treated differently from adult criminals and is usually tried in a special youth court. Crime by young offenders is dealt with under the juvenile justice system (Richards 2009). In various countries, the age at which criminal responsibility starts is ten years.

The main function of ITTO is to “promote international trade in tropical forest products and services as well as focusing on sustainable forest management”. Both ITTA and ITTO work together in encouraging member states to develop coherent national policies that can be used to sustainably manage and conserve forests.

China’s record in the WTO has not been without controversy – not surprising given such a huge and complicated accession. Implementation of WTO commitments has been mixed. A raft of sensitive cases against China, mostly prosecuted by the USA, is working its way through dispute settlement. China has stayed conspicuously on the sidelines of the Doha Round

IP law has its foundations in international and regional agreements depending on the area of Intellectual Property. The conventions set out the scope of industrial property, intellectual property rights, and criminal sanctions in cases of infringement. Additionally, Australian laws also set out intellectual property principles and rights.

The law system itself has been geared to play a major role in treatment programs. This paper seeks to examine the pros and cons of integrating drug treatment within the correctional system. To do this, there is a need to understand the origin of this thrust and analyze the major and specific effects if implemented.

The executing of the plan requires six steps, they being: educating and creating awareness among users of cyberspace, producing more secure technologies, developing a large and well-qualified cybersecurity workforce, fostering responsibility among individuals for security at all levels, increasing accountability, etc.  

There have been many cases of law enforcers resorting to investigations using social networks like Facebook for the purpose of gathering evidence. Very recently, according to Kashmir Hill (2012), Phil Markoff was under investigation as the killer of an erotic masseuse. The police tried to track cell phone records at about the time of the incident, only to find hundreds of possibilities.

The belief and idea that primary legislation cannot, function in line with the traditional model of parliamentary sovereignty, and be questioned on important constitutional principles such as human rights, is seen to be attractive if the legislature has shown its willingness to legislate in contradiction of the laid principles of the constitution.

The law has been able to identify this in law so that it will able to responsibly know what it will undertake. As it is currently, children in Wales and England who are below the age of 10 cannot be held criminally responsible. Even for those who are between the age between 14 and 17, the penalties are not similar to those of adults.

Equitable fraud is invoked in equity jurisdictions which common law does not cover.  While common law covers actual fraud which should be proved with evidence, equitable fraud fraught with unconscionability and unconscientious acts can be inferred from the surrounding circumstances and the relationship between parties.

Australian criminal justice system is based on the fundamental principle that justice must be rendered and must also be seen to be done. The Aboriginal customary law has the capacity to play a crucial role in deciding certain cases. Disallowing the application of this law could result in injustice.

Intellectual property is a wide idea that constitutes a number of lawfully recognized rights originating from some kind of intellectual innovation. Usually, Intellectual property covers two broad aspects including copyright and related rights and industrial property. In Iran, there are various legislations and Acts of parliament that protect copyright and related rights.

It is essential to state that the substantial transformation in the development of the world has called for the adoption by countries of standard forms of business and commercial practice through unification. The various attempts directed toward the processes of unification have, at best been clumsy.

Human rights are universal and protect people from atrocities and other evils. These rights are available to everyone, irrespective of citizenship, nationality, gender, language, race, and competencies. Human rights are enforceable only when the Constitution supports them and provides legal enforceability.

Breaches relating to personal information, no doubt, infringe upon an individual’s privacy. Privacy refers to the condition or the state where an individual is free from any unnecessary public attention or freedom from any intrusions into or any interference with one’s decisions or acts, as the case may be. One of the world’s greatest challenges today is the concept of globalization.

The UN Security Council is a powerful organ of the United Nations that has a responsibility for the maintenance of international security and peace. Its powers as stipulated in the UN Charter comprise operations of peacekeeping, International sanctions establishment, and military action authorization.

The level of crimes particularly hate crimes has increased steadily but significantly as noted by McDevitt, Levin, and Bennett, (2002). Although the crises of hate crimes are currently making headlines in the global media and press and it is among the priorities in political agendas, hate crimes are hardly a new phenomenon.

The aetiology of mental health challenges such as depression is significantly complex and multi-factorial. As such, an effective understanding of both risk, as well as protective factors of depression, requires a biopsychosocial model which takes into consideration the interaction as well as the relationship between many varied factors.

The trial judge found established a constructive trust based on promissory estoppels over a house while the Full Court established a detriment for Robert’s continued to labour, employment and share in the partnership and declared a constructive trust for parents to achieve farm subdivision to convey the lot as promised based on promissory estoppel.

Ginsburg (2006) proposes that as much as international law has not been immediately relevant to the Australian legal system and politics, it has grown its significance in various areas. The issues of trade, crime, human rights, climate change and terrorism have led to a growing significance to international law.

The only international global organization that deals with the trade rules among nations is the World Trade Organization commonly referred to as WTO. It comprises WTO Agreements that are discussed as well as approved by the majority of the nations that are the world’s trading and also carry out implementation within their parliaments.

The main objective of this research is to examine how judges rationalize or reason in accordance with their sentencing decisions concerning diverse criminal cases. The research focuses on assessing or evaluating critical factors such as gender differences and political environments as well as social contexts in the sentencing processes for diverse cases.

The nature of an international trade transaction also means a dispute involves issues of what is the appropriate forum to adjudicate a dispute, and what is the relevant law to apply to the dispute. This paper deals with an international trade dispute involving a transaction where an Australian company bought steel from an Egyptian company.

The failure to clean the ship's engine is a product of negligence on the carrier’s part. The carrier failed to ensure the seaworthiness of his vessel and also allowed an unseaworthy vessel to take the voyage. For this reason, the carrier violated legal provisions on the seaworthiness of vessels (Hague-Visby Rules, Australian Navigation Act 2012 s 108 and s109).

The criminal laws of Australia do not possess uniformity, and this extends to the laws about child sexual assault. Under these circumstances, it is indispensable to have in place a system that safeguards young and vulnerable children and adolescents from premature sexual abuse, activity, and exploitation.

Trees can clean the carbon dioxide in the air, when the trees are cleared, they are a higher concentration of carbon dioxide in the filling of the atmosphere and this contributes to global warming. When trees are cut down, the land remains bare and these bear lands are prone to erosion not only spoiling agricultural land but making it health hazards for human inhabitants.

Young individuals tend to experience challenges while they are dealing with others, and it is important to note that engaging in gangsters to solve their problems or solve certain issues is not recommendable. Legal processes have been established to deal with young individuals and thus if the case gets out of the parents legal policies can be more effective.

Regarding the imprisonment of those involved in property crimes, there were mixed reactions with some supporting, some not supporting, and an equal number remaining neutral on the issue. But regarding those who have committed violent crimes, most of the respondents supported both ideas of community service and imprisonment.

Intentional repeat offenders pose a threat to society, as they are poised to live a life of crime and potentially influence others in society. Through passing relatively strict judgments on such repeat offenders would ensure their long-term separation from society and thus reduce instances of bad influence among the Aboriginal youth group.

Aboriginals were more likely to be condemned for crimes against persons, extortion/burglary, and to a reduced degree theft. For instance, coercion/robbery comprised almost a third of the Aboriginal sentences. On the other hand, non-aboriginal offenders were more likely to be convicted of drug crimes.

The effectiveness of the ICC is also affected by the overlap of the role of the Pre-Trial Chamber and the Trial Chamber (Kaul, 2011). There is no clear definition of the relationship between the two chambers. Consequently, the lack of a clear definition of the roles of the chambers affects the smooth operations of the court.

Generally, the Australian community has great concerns for the aged people making access to high-quality care services. The need for high-quality services has been reflected in the regulatory arrangements that do consider standards of quality of the services offered in the aged care facilities in Australia.

There have been several questions on whether the Australian mental health laws need to follow a social, legal, and medical model or simply subsume within general health care. This is due to the focus on the civil rights roles in the adjudication of whether mentally ill people in Australia require involuntary health care.