The Problem Of Australia Insolvency Law Essay

Australian laws relating to personal property securities (“PPS”) have been messy for years, based on often incomplete state records which have never been centralised. The major rationales for the reforms are that the previous laws were inflexible, outdated, and prevent product innovation.[1] Personal property incorporates intellectual property , an important repository of wealth in the 21st century.

Relevant Law – Duties to prevent insolvent trading, Section 588G of Corporation Act, 2001, Insolvent trading prohibition and Section 180 duty of care, skill and diligence.

When you think of the “land down under” you don’t really think of the kind of government they have. I chose to write about the Australian government because I really don’t hear much about Australia. It currently has a pretty interesting story to tell when it comes to their government. I became a bit interested in Australian politics when I saw a political animated cartoon on the internet that depicted Kevin Rudd, the last Prime Minister, on a news television show and it was quite humorous. I am going to give a quick history lesson on Australia then go into how the government formed and came to be. Then I will talk about the Australian constitution, the Australian arms of government, their federal system, political parties and Australia’s

The objective of this case is to understand the importance of crisis management. This case is intended to make the reader consider not only financial implications at the time of the event but the effects on the long term strategies of the organization. Also, the case urges participants to think about the consequences not only on the customer but on those within the organization as well.

An offeror will have made an offer where it appears to a reasonable person in the position of the offeree that an offer was intended.

Your managing partner has handed you the Supreme Court of Queenslands’ decision in The Public Trustee of Queensland and Anor v Meyer and Ors [2010] QSC 291 and asked you to answer the following questions. You should assume you are answering questions for someone who has not read the case, so be sure to provide sufficient detail in your answers. You do not need to provide reference details for Part A of the assignment.

HOW DOES THE ADVERSARY LEGAL SYSTEM ENSURE RULE OF LAW, AND HOW DOES THIS DIFFER FROM MODERN MEDIA MISCONCEPTIONS?

In order to determine whether Y and Z are subject to the proposed law, the

case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.

Will Australia become a republic in the next twenty years? This is a difficult question to speculate on. The main area of law governing this issue is section 128 of the Commonwealth of Australia Constitution Act 1900 (U.K). Other issues in this debate are regarding appointment, termination and the powers to be awarded to the proposed Head of State, and the impact the change will have on the States. Examining the history of Australian Legislative powers, and reasons why Australians would want to change, is also useful when speculating on this issue.

This research report documents the findings of an empirical study of judicial findings (of superior courts) relating to the duty to prevent insolvent trading. The duty to prevent insolvent trading is the most controversial of the duties imposed upon company directors.

Intellectual property is a broad term that is used to refer to the rights that the owner of an invention or an artwork enjoys. An example of intellectual property law is the Trade Related Aspect of Intellectual Property Rights (TRIPs), which gives individual rights such as patent, designs, and trademark. Intellectual property is contained in the Article 2(viii) of the convention, which led the establishment of the World Intellectual Property Organization (WIPO). Literary works, inventions, discoveries, trademarks, and industrial designs are among the rights that are provided in WIPO. Intellectual property in Australia has a strong judicial support.

“Liabilities are debts: money you owe. Every business carries some liabilities—for example, ongoing payments to suppliers, rent for your office, compensation to employees, or fees for contractors” (Mancuso, 2014). Added liabilities may result if a business is ravaged by a fire or flood or if the business owner(s) become the victim of a lawsuit—for example, a patron, client or customer decides to sue your company after hurting themselves on company property. It is the intent of this paper to examine the role and responsibility of liability in different types of businesses from sole proprietorships to

The ASX Corporate Governance Council defines the ‘corporate governance’ as the framework of rules, relationships, systems and processes within and by which authority is exercised and controlled within corporations (Corporate Governance Principles and Recommendations, 2014). The term “failure” of a corporate can be described as “Insolvency” in Australia (Michaela Rankin, 2012). And the reasons for corporate failure can be grouped into six categories: 1. Poor strategic decisions. 2. Greed and the desire for power. 3. Overexpansion and ill-judged acquisitions. 4. Dominant CEOs. 5. Failure of internal controls 6. Ineffective boards(Michaela Rankin, 2012).

There are various government structures in organizations although they are different from one branch of the government to the other. The structures help the government manage its economy efficiently. In the economy a too big to fail firm (TBTF) exists and it is defined as one that its complexity, size, critical functions, and interconnections are in the sense that in case the firm goes into liquidation unexpectedly, the rest of the economy and financial system will face severe consequences. The government provides support to TBTF companies not because they favor them but because they recognize implications for an advanced economy of allowing a disorderly failure outweighs the cost of avoiding the failure. Helping the TBTF firms enable the economy to realize high revenue. Various activities are to prevent their failure. They include providing credit, facilitating a merger, or injecting the capital of the government. The paper addresses the structures of the administration and the concept of too big to fail in financial and non-financial institutions plus the ethics involved with the theory.