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Corporate Law Assignment Help

In Australia corporate law is one of the demandable subjects and many renowned universities offer this subject to provide facilities to the students to learn and know about the legal entities of a business. Corporate law mainly teaches how to regulate all the different entities or organization that are related to the business like shareholders, employees, consumers, directors, creditors etc. Most of the time students find it really difficult to manage all the assignments in this field as they do not get the concept and application of corporate law and get perplexed when they try to make a good quality assignment and end up with poor marks. Thus they look for online assignment help from the professionals. AssignmentHero is here to solve all of your troubles at a glance. AssignmentHero brings to you the most authentic and best assignment assistance in Australia. Here you’ll find all types of corporate assignment help from our expert team.

How to Write a Corporate law Assignment?

Corporate law is an enormous and intricate subject and before you start writing an assignment you need to have proper knowledge and the ability to understand the concept and answer accordingly. Corporate law related assignments are not an easy task, you need to spend a good amount of time and concentration to get the job done. If you get any professional assistance in your assignment it will be easier to solve and you will get an organized structure for your task. AssignmentHero is a place where you will find expert tutors who have specialized knowledge on your topic and they are dedicated to guide you towards completing your assignment with the shortest possible time. Our expert team will not only cater to help to complete your assignment but also creates strong connections through ensuring total satisfaction.

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COMMERCIAL LAW Assignment Help by Assignment Hero

Issue

Can P sue N for asking the full rent of the factory along with the arrears?  

Law

  1. Contracts (Applicable Law) Act 1990.
  2. The basic requirements in the contract are-
  • Offer
  • Acceptance
  • Consideration
  • Competency 
  • capacity
  1. A consideration in the law of contract will have to be such that the law considers being a valid one. 
  2. An oral contract is a contract in which the terms of the contract have been agreed orally. 
  3. The contingent contract refers to that contract where the uncertainty of the event. 
  4. A contingent contract can be said as the protection against future change in the plan 
  5. Time taken by the parties for the completion of any work is important clause in the contract
  6. When in any of the case the time is not given then the time will not be referred to as the essence of the contract.

Application

The contract law in the UK is governed under Contracts (Applicable Law) Act 1990. In the given case scenario there was a contract between P and N, where N was the owner of the factory and P had taken the factory on lease from N.  In the factory P used to make car parts but suddenly there was a closure of the car manufacturing country in Adelaide, which affected P’s factory badly, and P was not being able to pay the rent of the factory. P decided to ask N for the reduction of the rent. N agreed to the condition, but he also added that the new rent is payable only until the business condition of P improves. P and N entered into the Oral Contract

This was the contingent contract made by P and N as the contract was based on the future occurrence of the event. When N agreed to the reduction of the rent, he has accepted the oral offer, and there was a valid contract formed between both the parties. An oral contract is also a valid contract if the parties to the contract agree to the term of the contract and if the consideration that has been offered is a legal consideration. Here the contract made by P and N was a valid contract, and they both are bound by the contract the moment both of them gave their consent for the contract.

P can argue that he gave a year time for the improvement of the N’s business but his business did not improve and now P is also suffering some loss and he needs the money. After one year when N’s business was not going well, he asked P to pay the full rent along with the arrears. P did not agree to the new terms of the contract as he said there was a contract formed between them a year before and according to that contract the rent has been reduced. The oral contract between P and N was based on the contingent event.

 The contract made by P and N is not a valid contract as the contract had a clause that if the business of P will increase. The event referred to here is a contingent event, which may or may not occur in the coming future. Therefore, in the given case scenario N cannot ask P for the payment of the full rent from the next year.

Conclusion

By considering the above facts, it is most likely considered that P can sue N for asking the payment as there was no time is given in the contract and when the matter is related to the immovable property then the time is not an important essence. 

Problem2. 

Issue 

Is AB Company liable to pay $150,000 or $600,000 to the XYZ company for the loss that occurred to the XYZ company because of fire?

Law  

  1. Governing Law” clause
  2. Professional negligence in England is governed by common law.
  3. Exclusive contract takes place when a company signs a contract.
  4. It is assumed under this clause that the reasonable person is aware of all the facts given in the contract.
  5. Limitation time period refers to the period in which the construction work related issue can be brought before the court
  6. In the year 1986, the Latent Damage Act was introduced to bring any issue related to the construction or design of the company even after the limited time period is over.
  7.  Under the English law of tort, professional negligence comes under the rules of the negligence.
  8. When any professional is appointed, then they are expected to have the necessary knowledge about the work they are doing. 
  9. It is to know whether the person has acted, as a reasonable person would have. 
  10.  The law of contract under English law refers to the law, which governs all the matters related to the contract between any people. 
  11. A contract needs to have the requirements, which are offer, consideration and acceptance.

Application 

When any terms and conditions are laid down in the contract then the clause which imposes there legality is “Governing Law” clause. When XYZ Warehouse Company went to ABC electrical company for the electric-related work of the company, then it is considered that they have given an offer. When a person gives an o0ffer to the other person with an intention to be accepted, then it is known as the offer under the English law. In the given case, scenario XYZ company gave an offer to the ABC company for being accepted.

 When the ABC gave the consent for the acceptance of the offer, then the contract was bound. However, the ABC company did not give a direct offer; instead, they gave a counter offer. When an offer has been given to any person or persons, then they can either accept it or reject it but when the person to whom the offer has been given wants to accept the offer buy with some of the changes then it is known as the counter offer. In the counter offer given by there was a clause that if any issue related to the construction occurs now or after the completion of the work, then ABC company will be liable only to pay $150,000 to the company. When the XYZ Company accepted the counteroffer, then the contract became legally binding upon both the parties.

Professional negligence comes under the law of torts. When any person is appointed to any work according to his profession, then he is expected to have a minimum knowledge about the type of work they will do. In the given case scenario ABC was a company specialized in the working of electronics related work. When the XYZ company appointed them for the electronic work in their warehouse, they were expecting the company to have the necessary knowledge about the requirements and need in the electrical work. However, after the completion of six months from the date when the warehouse was made a fire was caught in the warehouse, and that was because of the electronic fault in the warehouse. After doing the proper examination of the cause of the fire, it was found that the new type of material which the ABC company used was not accurately calculated and due to which the fire broke in that area. The specialist whom the ABC Company appointed for the work was expected to work by having the basic knowledge about the type of work they have been given as this is their profession and when the professionals did the negligence then it is said to fall under the professional negligence. 

 The XYZ Company argued that the negligence was due to the negligence in the work. When the fire broke in the warehouse, the ABC Company said that the fault was not on their part. However, when the proper investigation of the matter was done, it was found that the company has not done the work correctly.  They were bound to perform the duty with utmost care (Karim and Sifat, 2018). When the company started working, then they fall under the category of duty of care toward their client for the performance of the work properly. The law of torts governs these things and when professional negligence occurs when the law of torts will have to be read with the negligence part. When the company became bound to each other through the contract, then the entire clause laid down in the contract becomes valid if it is legally enforceable. In the given case scenario, the fact that the contract was of 6 long pages does not change the validity of the contract. Clause 20 of the contract signed by both the company is a valid one and is accepted by the law so the clause is legally binding upon both the team. When the examination gave a result stating that the ABC Company is liable for the loss then according to the clause 20 of the contract between the parties it can be stated by the jurist that the ABC Company will be liable only to pay $150,000 to XYZ. 

The ABC and XYZ Company are liable to each other by the contract that they signed. When the fire broke in the warehouse, then it was stated that the ABC Company is liable for paying the warehouse company for the payment of the loss that is incurred by them. The total loss that the company suffered was of about $600,000, but according to one of the clauses laid down in the contract between the two companies it was found that the ABC company through responsible under the professional negligence is liable only to pay $150,000 as stated in the clause of the contract. When the XYZ Company signed the contract, then they are expected to be aware of the clause, and they cannot claim for amount more than that which is stated under the clause 20 of the contract between them. When a contract is made then both the parties to the contract become binding to the clauses laid down in the contract.

Conclusion 

The AB Company is liable only to pay $150,000 to the AB Company as there was a clear clause in the contract, which says that the company will be liable only till that amount. By the exclusion clause in the Contract Act, the AB Company will not pay $600,000 to the XYZ Company.

Problem3.

Issue

Can Yul sue Zig for the non-disclosure of the fact and for the expenses incurred on the renovation of the office because of the presence of the whit ants?

Law 

  1. Fraud Act 2006.
  2. Contract Act under English law follows the basic rule that the contract should include the offer, acceptance and consideration 
  3. The non-disclosure of any fact, which the seller knows related to the contract, knowing that the contract will be affected can be made liable. 
  4. Representation is also one of the clauses under the contract law according to which the parties to the contract are bound to tell all the information related to the contract at the time of making the contract if that fact is going to affect the contract 
  5.  If any party has done the misrepresentation of the fact, then they can be claimed under the contract law.

Application

When any party to the contract feels that a raud or misrepresentation of the fact has been done to them then the complain can be made under Fraud Act 2006. .In the given case scenario there was a contract between Zig and Yul regarding the sale of the business and the premises in which the business was being conducted. The contract had a considerable amount of $ 750k between them. Yul signed to the contract after knowing about the six-year long-term contract with large clients who bring a lot of profit to the Zig’s business. While signing the contracts when Yul asked about the presence of the white ants in that area Zig said he could do, the inspection but Yul did not do any inspection and then ultimately he signed the contract. 

However, after three months of the signing of the contract, Yul found that the ants have damaged the roof’s timber and they need some renovation, which will be very expensive. Here the contract was signed between them and before the signing of the contract Zig told that Yul could conduct his survey about the presence of the white ants here Zig cannot be claimed of misrepresenting of the fact. Had Zig told him that the problem related to the white ants is not a bothered matter anymore then here Yul could have asked for the compensation from Zig.

When Yul and Zig were signing the contract Zig asked Yul about the news related to the local factory that makes a mirror for cars. To which Yul said yes they are moving and Zig didn’t say anything further. Later on, after the completion of the three months of the contract, Yul came to know that the local factory has not moved to any place  instead, they have closed their business. Yul was aware of the fact that the factory was one of the important clients of Zig and that their closure will affect the business severely. Yul also discovered that Zig was aware of the closure of the local factory and by hiding the fact he has committed misrepresentation under the contract act. Since Zig was aware of the closure of the factory, when he came to know that Yul is unaware of the fact, and if Yul knows about the fact then he might change his mind about the contract then Zig did the misrepresentation as to fulfil the criteria of the misrepresentation of the fact. Here Yul can claim from Zig for the act of misrepresenting the fact as Yul was unaware about the closure and Zig was aware, but he did not say anything to Yul. 

When a contract is signed, then it is the duty of the seller to make the buyer aware of all the facts that will affect the business or the contract. In the given case scenario Zig has misrepresented the fact about the closure of the local factory. When discussing the deal related issue before the signing of the contract, it was discovered by Zig that Yul is not aware of the closure, but he did not clarify Yul’s knowledge instead he just kept quiet. By keeping entirely, Zig agreed to the statement made by Yul which was that the local factory is going to be moved to some other place. In this scenario, Zig has committed the misrepresentation of the fact. But when making the contract, Yul was aware of the presence of the white ants, and Zig did ask him to check by Yul without checking the place signed the paper. Here Yul cannot claim from Zig for the damages caused due to white ants.

The following case scenario tells about the contract act, under contract act when any party to the contract misrepresent any of the fact related to the contract then he or she can be claimed for that act under the law. In the case scenario, there are two of the scenes one where the presence of the white ants has resulted in affecting the timber roof of the place which Yul bought from Zig. When Yul was buying the house, he was aware of the white ants, and he asked about it to Zig to which Zig said he could see that and check if the condition is good or not, but Yul did not do the research and signed the contract. Here Zig cannot be claimed for the misrepresentation of the fact as Yul was aware and he was asked by Zig to check if there is any problem related to the white ants, but Yul didn’t. In the next scenario, Zig was aware of the closure of the local factory, and when he knew before the signing of the contract that Yul was not aware of the fact, he chose to be silent. Now when Zig did not tell Yul about the closure, he misrepresented the facts.

Conclusion

In the given case scenario by referring to the facts given above Yul can sue Zig for not disclosing of the fact that the local glass company is closing but he cannot be sue Zig for the expense incurred on the renovation because of the  presence of white ants as Yul was aware about the whit ants.

References 

Fitzpatrick, JF, Symes, Veljanovski A, Parker, D 2017, ‘Bsuiness and Corporation and Corporation Law”,3rd ed Lexisnexis, NSW

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Australia’s term on the UN Security Council

Assess Australia’s term on the UN Security Council (2013-2014) in terms of its achievements and international standing. Can its time on the Security Council be deemed a success?
Australia has been the founding member of United Nations since 1945 and since has been involved in its activities.  H. V. Evatt was a former Opposition Leader of Australia and prominent figure in the Australian Labor and was also the President of the United National General Assembly in 1948. Australia is currently the twelfth largest financial contributor with about US$87 million in the years of 2004-2006. Australians were first of the peacekeepers to serve the United Nations during the Independence struggle in Indonesia in 1947. Since then, Australians have also joined peacekeeping operations in Cambodia, Korea, Rwanda and Somalia. When senior UN officials travelled to Canberra in March 2008 to meet Prime Minister Kevin Tudd, the aim was to fix relations. Though, Mary Robinson criticized the Australian government for its human rights record. Therefore, then on Australia embarked on a mission to dismount these allegations against them and on 1 January 2013, Australia commenced a two year term as a non-permanent of the UN security council. This was considered the first since Australia had taken its seat on the UNSC. The last time this was thought to be in 1946. 

On 29 September 2015 Julia Bishop, Ministry of Foreign affairs announced to the General Assembly tat Australia was nominated to serve the UN Security Council from the year 2029 to 2030. This was right after their elected term in 2013-2014 (Bishop, 2015) Drawing on Australia’s experience this essay argues that non-permanent members can also influence the UN Security Council in different ways, whether it’s economical or military related. Australia’s lack of institutional memory was offset by its close relationships with permanent members with close diplomatic relations with UK and USA with strong bilateral relationship with France during the course of 2013-2014. During its term Australia assumed its presidency twice. First in September 2013 and then in November 2014. 

When Australia joined there was doubt lurking around Australia’s ability to act on its ideals in the councils because they were only faintly aware of the Australian politics and the other country representatives were more concerned about the Labor losing to the Coalition in 2013 thereby which the new administration was less likely to have international inclinations. But Australians were cautious because it had seen the division in the council over Syria and Africa which meant that they would find few openings for diplomatic initiatives.  There have been other countries in recent years who have tried to leave behind a substantial legacy but failed; such as the India and Brazil. Brazil made an effort to engage Iran on its nuclear program in 2010 but failed and India pushed for permanent council seat in 2011 but it got wasted as political capital. 

Australian decided to use Germany as a reference point since it had been a non-permanent council member from 2011-2012. The Germans had made mistakes too; the authorization of the attacks in Libya. But under Peter Witting they had regained their credibility quickly and took over strong lines for Syria and stayed close to the British, French and the Americans. As the most senior pro-western non-permanent member of the council, Australia seemed poised to take up the role. Australian officials had aimed to take over positions that the Germans had held in the council, including the role of the diplomatic coordinator on Afghanistan and the chairmanship of sanctions committees dealing with al-Qaeda and the Taliban. After the exit of the ISAF towards the end of 2014, the P5 were interested in the Afghan file to plan for the country. Another post that Germany did not hold but Australia bagged was the chairmanship o the Iran sanctions committee.

During the first debate they scheduled a debate on small arms and light weapons. Thus, resolution 2001 determined that, ‘illicit transfer, destabilizing accumulation and misuse of small arms and light weapons’ posed a threat to international peace and security and encouraged member states to establish or strengthen sub regional and regional cooperation and coordination to prevent illicit transfer of small arms and light weapons (United Nations Security Council Resolution 2117 2013, [1]; [4]). There was emphasis also laid on the idea that councils arms embargoes would help prevent the illicit transfers. Further on, Australia held a debate on “Police in Peacekeeping”. In this resolution 2185 the council made it a point to add policing as an important part of the UN peace-keeping operations and special political missions and undertake to draft, clear and achievable mandates for policing related activities (United Nations Security Council Resolution 2185 2014).

Even in cases where Australia did not hold presidency position it took up leadership roles on other issues such as the Luxembourg and Jordan, with whom it sought to work together to improve the humanitarian access in Syria. Initially Luxembourg had independently started exploring the problem. Australia and Luxembourg would probably would have gotten agreement on this statement had the Syrian are continued uninterrupted. But due to the Syrian security forces use of chemical weapons at Ghouta on 21 August transformed this debate. 

President Obama at this point had said that he would not allow diplomatic agenda at then stop the strikes against Damascus. Therefore when Quinlan took up the presidency at the council Australia did not feel it will did right between both of them. The US and Russia made their way out of the crisis by cutting out other council members from the negotiations. Despite Australia having little power over the council, Quinlan tried his best to not upset the US and Russia, though he reassured the council that a solution was possible. He formed a meeting in the Middle East but with some restraints which annoyed the ambassadors but Quinlan knew he had to remain careful or there will be a no chances of compromise dealing with US and Russia. Quinlan took his chance when the US and Russia presented their agreement to dismantle Syria’s chemical arsenal tandem with the OPCW. Though critics accused the US and UN of selling out the Syrian people, Austral used this opportunity to the table the presidential on humanitarian access it had developed with Luxembourg right afterwards. It has non-binding catalogue steps needed to facilitate aid.  When reaching the end of its membership, Australia led behind the scenes efforts to place issue of human rights situation in Democratic People’s Republic of Korea on UNSC agenda. 

On 17 July 2014, Australian influence over decision-making was clearly seen when it was able to convince the UNSC council to respond to the downing of the Malaysian Airlines Flight MH17 over the eastern Ukrainian airspace. The explosion was a result of a ground based missile which killed about 200 plus people which included about 38 Australian citizens and residents. The USA and UK were reluctant to take any part of the agenda but Australia took the lead and was actively supported though not very happy by Russia which was considered to be the backbone of the attack. After several compromises the resolution 2166 was adopted on 21 Jul, which was exactly four days after the crash. The resolution demanded access to the site by international and independent investigators and restraint from moving or harming wreckage. This would not have been possible without Australia’s strong motivation and determination since this happened despite Australia did not possess the veto power. Is it important to remember the in the past the council had not been able to respond this diligently to previous civilian planes such as the Korean Airlines Flight 007 in 1983 and Iranian Air Flight 655 in 1988 saw a seventeen day delay to adopt a resolution on it (Security Council Report 2014, 2).

During its 2013-2014 term Australia was able to push the UN Security Council to seek sanctions implementations. This would have been considered a concrete legacy on Australia’s active and effective participation if it has been successful. This interest in sanctions implementation stemmed from the scandal, “wheat for weapons”. This happened during the UN’s oil for food program that aimed to ameliorate the humanitarian effect of UN comprehensive sanctions against Iraq in the 1990’s. Australian Wheat Board had been found to have done side payments to Saddam Hussein’s regime to secure the transport of their wheat under the OFFP (UN 2005, 315; Boreham 2009, 171–190; Mulgan 2009, 334–352). Which is why a Royal Commission was created to investigate the scandal which led to the Australian policy circles having to make considerable reflections on ways to prevent companies from violating UN sanctions in the future. The International Trade Integrity Act 2007 was improved along with the other legislations to by the Australian Parliament. 

During a debate on sanctions in November 2014, Australia perused and promoted a draft resolution on sanction implementations which heavily drew findings of the High Level Review. However, the draft resolution was not put to vote during or after the Australian presidency UN Doc S PV/7323; 25 November 2015). Though Australia’s pursuit for resolution on sanctions was bold, it was also considered risky since it require the acquiescence of Russia which was not as accommodating by November 2014 since the sanctions that were placed four months before on the MH17 flight resolution. As a part of its final month in the council, Australia pushed the sanctions resolution knowing Russia’s predictable defensiveness. But this time Russia firmly held unto its veto power and demanded too many concessions to the original text until it could no longer resemble the original one. Therefore, Australia withdraw the draft than watch it get further watered down. Though a resolution was not achieved the High Level Review was had already identified weaknesses in the sanction implementation and advancement strategies to address the weaknesses.

 Australia also proposed that there should be transparency in reporting by the sanctions committees. The P5, though always exclusive, in recent years they have increased their grip on the council by conducting most important negotiations in private. This would alienate and side line the temporary members outside the council. Therefore in 2012, Switzerland led an alliance with small states to pass a resolution demanding more openness but the P5 did not allow it. When Australia joined the council, the advocacy was still recovering. But despite the risks, Australia emerged as an advocate which worked well with the ACT group; Accountability, Coherence and Transparency group. This was a coalition which was formed in May 2013 to push the resolution for a more open council. 

While keeping a look out for Syria, Australia confronted the African crises that clustered in the Security Council’s agenda in 2013-2014. There was instability in the Democratic Republic of Congo; the war in Mali. Also there was a collapse of power in CAR and South Sudan was descending into a civil war. Knowing that the African crisis would occupy sixty to eighty percent of the council’s agenda, Australia bulked up their limited diplomatic presence in the council. The explosions in Mali and CAR improved Australia’s ability to respond to respond and analyses events.  In line with its broader commitment to transparency, Australia insisted that the UN launch a commission of inquiry into events of CAR and provide public human rights reports on the situation there. 

Australia played a major role in April 2014 when it joined France and the US to sponsor a council meeting on North Korean human rights and abuses which was followed on from a commission of inquiry which had been chaired but Micheal Kirby. Though Australia was backed up by the US, Russia and China boycotted the event. There had been rising tensions over the South China Sea and the Senkaku/Deayo Island but the UN did not engage in this dispute. Australian officials also avoided the case which suggested they wanted a greater role in the Asia by the UN for their council campaign but feared alienating their neighbors. Despite the councils silence on the islands and the South China Sea, there has been a raise in questions about the institutions role in the era of major power tension. Australia’s advocacy at this point looks cuts off from national interests nearer to home. 

If Australia’s advocacy for human rights, humanitarian causes and basic decency has been a recurrent theme of its term on the Security Council, does it matter? As Terry Eagleton, a British literary critic, has argued in another context, the case for “trust, loyalty, teamwork, dialogue, pluralism, an acceptance of difference and a sensitivity to others . . . is not the most world-shaking of moral standpoints.” Similar things could be said about Australia’s performance on the SCUN, though all too often it has come down to the doing the decent thing regardless of whether that make sanction regimes fairer or not. Australia’s UN team cannot be accused of naivety when in most dire cases of the last eighteen months Quinlan and his staff had demonstrated distinct skill for diplomatic relationships. The tactile success are considered just as important as the ideals that guided the Australian policy on the Security Council since many members on the Un have good intentions but rather fewer have the capacity to act on those intentions. Australia has not changed the world from its temporary seat but it has acquitted itself by bringing extra rigor.

To summarize everything, Australia’s as a council member in 2013-2014 illustrated how council membership can provide direct opportunity to exert influence (Langmore and Farrell, 2016). Though this experience also reminds us that policy innovations can be severely constrained in the face of permanent member resistance. 

Over its 2013-2014 term period, the Australian UN Security Council did it’s best to meet the commitments and to serve with distinction. The terms was marked by determining security environment. The council faced large numbers of security and humanitarian crises which had a broader impact than during the Second World War. Australia managed to setup a strong reputation as an active and pragmatic focused member of the council. This position was fought for and well-earned due to their ability to build consensus for action and to address complex security issues which were in direct interest of the UN. This was especially noted with the response Australia gave in response to the downing for the Malaysian Airline MH17. 

Australia put forth the need to protect civilians and to build humanitarian responses to conflicts at the forefront of the decision making in the council. They did this by putting particular emphasis on building sustainable peace in conflict affected societies. Australia was praised for bringing in innovative idea to the council like ground breaking initiatives on the humanitarian crisis in Syria which strengthened international cooperation to counter terrorism and improved the implementation of sanctions. The council worked tirelessly to bring forth the condition in the Democratic People’s Republic of Korea in front of the council. Australia also led negotiations on a resolution for small arms and light weapons. 

In the end Australia left the council having made positive and distintinctive impact on the council and maintaining international peace and security. Australia used its influence and relationships to make a difference in the world. 


Materials Referred:

Bishop, J. 2015. Australian National Statement to the 70th session of the UN General Assembly. http://foreignminister.gov.au/speeches/Pages/2015/jb_sp_150929a.aspx.

Farral. J & Prantly. J (2016) Leveraging diplomatic power and influence on the UN Security Council: the case of Australia, Australian Journal of International Affairs, 70:6, 601-612, DOI: 10.1080/10357718.2016.1220490

John Langmore, “Australia’s Campaign for Security Council Membership,” Australian Journal of Political Science 48 no. 1 (2013): 101-111.

Gowan, R, (2014). Australia in the UN security Council. Retrieved from: 

https://www.lowyinstitute.org/publications/australia-un-security-council
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Advocating on behalf of a group of young

Introduction

On behalf of group of imprisoned people, this report is to bring your attention on the isuue of cancellation of the fund proving for their full time employment opportunity whereas this funding was a great help to place the individuals in a full-time job.  By considering the following words, it is requested to rethink and review the decision of withdrawal of this funding. 

Part A

  1. Demonstrated ability to develop and articulate a sound and rational/logical argument on behalf of your client/target group.

On behalf of the group of people who spent minimum 1 year in custody and are under the age of 30, it is being stated that they are already deprived of having a good position in society again as they were in custody for a period of time (Knaus, 2017). For a long period of time until last year there was a supportive group of people or agency which was responsible to give them support and assistance where necessary to get a full-time job. But as from now on this funding has been stopped and they are not going to get this benefit or support again, it is almost certain that this group of people will pass a difficult time to survive and retain a good position in here Australian society again. Because the people who pass a time whether it is for short or long time in custody or jail survive a lot to regain the sound position in society and can fall into a depression which may lead them to another crime to do (Elliott, 2018). Or they can fall into the trap by other people because of their helplessness; people may take advantage of their poverty and powerlessness which will be a cause of another crime to build up. 

So, this type of help should not be stopped for this type of group of people who are already suffering from getting a good position in their society.

  1. Demonstrated ability to identify and present the negative consequences of the proposed action by the deciding body.

Negative consequences of the proposed action:

  • The young less than 30 years old group of people may head towards depression as they will have a difficult and challenging time to get a new job or an earning source (Prisonerlaw.org., 2018).
  • They may find it easy to fall into another crime to get the fulfillment of their need or basic need.
  •  Falling into crime again will make them head to jail or custody again according to the law of Australia.
  • People may take advantages of their helplessness which can lead them further powerlessness and depression and the result may lead them to suicide.
  • Without getting a job after this type of period of a lifetime, a person cannot accept him/her and cannot regain the respect and meaning of life (ABC News, 2018).
  1. Demonstrated ability to identify and present argument on the positive benefits for the target group
  • This custody outing young people will get not only monetary support but they will also get mental support and courage in getting the job and doing the job if the prisoners benefit in Australia is encouraged.
  • The supportive agency or group of people who basically make this work done for this young people also get some facility or employment opportunity which also gives contribution in their life.
  • These young group of people does not feel helpless while they get support from an agency thinking that they are not alone or less important to the nation and can contribute in social life other people in the country.
  1. Demonstrated ability to identify and articulate broader community benefits of a decision reversal.

Broader community benefits of a decision reversal:

If the decision gets changed there are some effects which can result in the broader community in benefits. These are given below:

  • First of all, the benefits which they will get individually and for a short period of time certainly will stand with a big amount after several years as the people who are getting this monetary benefit will surely invest and this will rise (Qld.gov.au., 2018).
  • The benefit giving medium or the agency will have a benefit through their salary or commission which also reduces the unemployment and increases employment opportunity which in return again becomes a cause of national income increment and GDP growth for Australia.
  • If this group of young age people can be used in the development of a country the demographic dividend would be gained and country which can make the best use of demographic dividend can certainly do well in future and economic certainty can achieve in our country.
  1. Demonstrated ability to develop and present a persuasive argument

Persuasive argument:

This young age person must be used to ensure our country’s utilization of the human resources. They made crime or wrong in past but as they have punished and trained according to their ability, the best use of their ability must be ensured which will not only provide benefit to this specific group of people but also contribute in society and in the country in return with a high volume as well. 

So, in thinking the both-sided advantages this funding should not be stopped rather it should be encouraged and invested more than in the past.

  1. demonstrated use of appropriate evidence to support the submission

Evidence to support the submission:

Different types of the previous report published in Australia show that this type of group of people while deprived of getting supportive materials or assistance get ahead of another crime to survive in the society and ignorance lead them depression which may stand as a reason of suicide. In opposite, when they get mental and monetary support also feel encouraged to do well further and in the future (Topics, 2018). Various report of previous data and evidence proved that. And we cannot let a large number of groups of people to an uncertain future. Rather we can utilize their ability to make a more developed Australia. 

Conclusion

The young age population is an asset to our country, Australia and they must not be wasted. Their ability and intelligence must be utilized. Though they are the people of a certain group which cannot be seen as a best group of people, if they are trained after their punishment period and supported, they can success and country also can get benefited by utilizing their ability. So, this kind of facility should not be stopped for them.

References

ABC News. (2018). Most ex-prisoners living on streets, unemployed: study. [online] Available at: http://www.abc.net.au/news/2014-06-25/australian-study-of-ex-prisoners-finds-high-rates-homelessness/5548430 [Accessed 29 Sep. 2018].

Corrections.vic.gov.au. (2018). Standard Guidelines for Prison Facilities in Australia & New Zealand – Corrections, Prisons & Parole Victoria. [online] Available at: http://www.corrections.vic.gov.au/utility/publications+manuals+and+statistics/standard+guidelines+for+prison+facilities+in+australia+and+new+zealand [Accessed 29 Sep. 2018].

Elliott, T. (2018). Life after prison: one man’s story. [online] The Sydney Morning Herald. Available at: https://www.smh.com.au/lifestyle/life-after-prison-one-mans-story-20160905-gr8wy4.html [Accessed 29 Sep. 2018].

Knaus, C. (2017). Prisons at breaking point but Australia is still addicted to incarceration. [online] the Guardian. Available at: https://www.theguardian.com/australia-news/2017/dec/29/prisons-at-breaking-point-but-australia-is-still-addicted-to-incarceration [Accessed 29 Sep. 2018].

Lawhandbook.sa.gov.au. (2018). Laws Affecting Prisoners. [online] Available at: https://www.lawhandbook.sa.gov.au/ch33s01.php [Accessed 29 Sep. 2018].

NewsComAu. (2018). What happens when prisoners get out of jail?. [online] Available at: https://www.news.com.au/lifestyle/real-life/news-life/life-on-the-outside-what-happens-when-prisoners-are-released-from-jail/news-story/91dc35e4f12b8a59bb4a21cbff63e522?from=rss-basic [Accessed 29 Sep. 2018].

Prisonerlaw.org. (2018). Prisoner rights. [online] Available at: http://prisonerlaw.org/prisoner/index.php?option=com_content&view=article&id=70&Itemid=80 [Accessed 29 Sep. 2018].

Qld.gov.au. (2018). Daily life in prison | Your rights, crime and the law | Queensland Government. [online] Available at: https://www.qld.gov.au/law/sentencing-prisons-and-probation/prisons-and-detention-centres/daily-life-in-prison [Accessed 29 Sep. 2018].

Topics. (2018). Why it’s so hard to start a new life after prison. [online] Available at: https://www.sbs.com.au/topics/life/culture/article/2017/11/24/why-its-so-hard-start-new-life-after-prison [Accessed 29 Sep. 2018].

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PUBLIC RELATIONS THEORY & PRACTICE Assignment Help

INTRODUCTION 

The primal focus and purpose of this report are to conduct an ethical overview in correlation with public relations and how ethical codes get broken in business organizations repeatedly. This report is going to focus on the ethical practices and necessities in terms of managing a company profusely well, also the organizational barriers that may hinder proper management and implementation of ethical practices in PR will be discussed as well. We will also focus on the stakeholders’ analysis factors, branding impacts, press releases, ethical management, and PR management in depth. We will vigorously discuss the ethical practices and the guidelines in PR factors, how to overcome ethical practice related problems to restore proper ethical management and PR in organizations such as a Bank located in Australia named CBA.

Repeated Ethical Scandals Through the Lense of PR Theories and Practices 

For any kind of organization regardless of its size and shape, the operations of the business start with one factor and that is if the company will be capable of having social responsibilities or not. Business organizations do not get started on their own but people start them, work on them brick by brick to take it further. While all kinds of activities are taking place regarding the business, an enormous responsibility falls on the people who are related with the company, the responsibility is to maintain the business based on ethics through the operations of PR practices.

 Behind every successful business organizations or any kind of corporations, ethical management, and PR based ethical practices are responsible. Typically ethical practices are dictated by the management of the company but are followed by the employees of the company (Pages.uoregon.edu. 2018). 

Individuals working in a bank or any other kind of business organizations are constantly under the influence of several issues like- cultural, political, economic factors. A person’s upbringing has an enormous impact on how he/she will react and act as a grown-up person, how she/he will handle corporation activities and how they will manage the ethical codes. 

PR also was known as Public relations is most of the times considered as a profession that only works behind the curtains and handles problems’ silently. It is a necessity to know that, PR is one of the most fundamental corporate conscience which imposes business ethics and social responsibilities of different kinds of businesses such as a bank. PR standards contain-

•    Ensuring effective behavioral guidelines to the members of the company

•    Educating the management regarding PR

•    To differentiate PR from workers who only use the title do not really understand the PR practices and theories and giving this profession a bad image because of it (Kang, 2010). 

Even if a corporation has several ethical codes in it, it will not guarantee that all the employees, workers and the management itself will act based on the ethical codes based on the PR practices. There are some very common and dominant reasons behind unethical activities due to lack of PR practices and comprehension of it and the causes of repeated unethical practices within a company and they are- 

•    Sometimes organizations give an advantage to shorter usage over long-term gals

•    Not having enough or any written ethical codes to follow up

•    Ethical dilemmas take longer to show up in the company so, its reduction or eradication cannot be so easily implemented, but solving them too fast can leave the residue of unethical practices behind, that means the solving took place only over the surface and not from the roots (Bivins, 2012). 

•    It is also a cause of repeated unethical problems is that, considering ethical codes just as a legal policy, not as a lifestyle (Grunig, 2014). 

•    Lacking in integrity and not maintaining integrality and honesty while dealing with business operations. 

•    Incompetence in keeping loyalty and managing confidentiality. 

Australia’s one of the largest and most reputed banks is CBA Bank and they are recently been accused of breaching anti-money laundering rules. By doing so, they are now on the verge of facing billions of dollars in fines from the court by the regular ASTRAC. Due to lack of the implementation of Rules of the Money Laundering Prevention Act-2002, this organization is now facing numerous charges against them. 

Existing Barriers to the Organizational Learning at the Bank 

CBA bank is going through potential financial troubles and unethical charges against them. As financial planning is one of the most rudimentary parts of a company especially if the company is a bank, so focusing on its safety and safer transactions are a must. However, several pieces of evidence have come to the surface regarding financial provision and advice and not enough compliance offering in the banking industry, not enough ethical banking decisions and such. 

In the year 2013, the Sydney Morning Herald (SMH) had published a report on unethical and rogue financial activities taking place in CBA also known as Commonwealth Bank of Australia (Yeates, 2018). The report stated that this bank in the last four years has exposed to misconduct in financial activities and continued unethical behavior. SMH did not stop there and kept reporting on CBA on unethical practices over three years (Pria.com.au. 2018). They have also found to be guilty of encouraging unethical behavior by continuing to give incentives to financial planners unethically in a form of commissions, bonuses and luxury vacations overseas. Financial planners who were able to meet their targeted sales were provided with unethical incentives for several years. These are the two biggest barriers which are holding this company to move forward towards betterment and organizational learning. 

An organization can have several bigger and major barriers to organizational learning which can create dilemmas, major internal problems within the company, unethical practices and so on. A bank just like any other business corporations can have certain barriers to its’ learning processes and the barriers that have taken place in CBA bank to the organizational learning are-

•    Employee resistance to change- CBA bank’s employees were provided with incentives after doing good work, but the incentives were unethical and since 2013, they are not trying to change whatsoever (University, 2018). They have gotten used to unethical commissions, bonuses, and trips overseas. 

•    Ignoring the elephant in the room- even though they are fully aware of their unethical activities and the problems created due to the unethical activities, no strong action has been taken against it. 

•    Lacking in leadership and training- this bank is a world known bank and its employees are heavily trained but not trained enough in terms of ethical practices. 

•    Disregard of team success- CBA bank lacks in illustrating new skills and especially in terms of organizational learning. 

•    Short term focus- lacking in employee motivation and encouragement in handling long-term goals for the betterment of the company, short-term goals are more focused on which denies organizational learning and encourages unethical practices. 

•    No motivation for growth- it is established that CBA bank’s employees are more than enough motivated and that too unethically, but they are not accurately motivated which will make the company a proper follower of organizational learning and ethics (Smallbusiness.chron.com. 2018). 

•    Complexity- when a company is working based on unethical practices when a company and its people have gotten away from organizational learning; barriers are natural to come, creating complexities along with them. Not trying to change positively and reforming are two primal barriers caused by complexity.

Stakeholders Analysis 

Policymakers- CBA bank’s policymakers are their management, administrators, financial department and planners. This bank or any other business organizations’ policy makers are in charge of making ethical policies based on PR theories and practices in order to operate their businesses. Lacking from this department can cause tremendous problems for the company and the people who are associated with the company (Bowen, 2018).A central bank, government management board, stake and shareholders, employees- this bank is constantly in association with its stakeholders and shareholders, employees and they are bound to abide by government rules.  If the organization is charged with unethical money laundering, it not only affects the company authorities but also it negatively affects all its stakeholders, its employees who were not involved in the money laundering.
Local administrators, Former clients, Auditors/analyzers- A bank is in constant communication with its previous clients, auditors continuously associate with banks and a bank’s reputation is dependent on the goodwill of these stakeholders.


Trainees, Low level staff, Charity foundations, Competitors-  Trainees, Low-level staff, Charity foundations, Competitors-  Bank has numerous trainees who come to learn how to become good employees with efficiencies, who want to be bankers, financial planners; they rely on the bank’s administration and ethical policies. If they lack in training, then the company itself is responsible for it. A bank is also associated with charity foundations who receive loans from the bank in order to handle their foundation objectives. A bad reputation may jeopardize a long-term relationship with charity foundation based companies. 

Impact on Branding 

Public relations in the banking industry are fundamental due to its necessities and benefits to maintain proper communication and credibility with the clients. PR ensures the communication-based usefulness of banking industries, PR handles- media analysts, policymakers, policy influencers, customers and all kinds of stakeholders (Pages.uoregon.edu. 2018). If a bank is lacking in PR practices and theories’ implementation, chances are all these management factors are lacking more or less. A bank’s brand image and its status depend on a mixture of elements of corporate factors, its personality, functions, emotional benefits, basic messages, ultimate objectives, and goals, and its reputation are completely interrelated with internal and external audiences which will directly impact on building the brand image. A bank’s responsibility is to increase the comprehension and fullest commitment to the company entirely depending on the public relations’ theories and practices to make the company sustainable, impressive, and credible and of high-quality (Kang, 2010).

Role of PR in Managing these Crisis 

Crisis, especially in terms of ethics, can easily intervene in the normal flow of a bank or any other company for that matter. Ethical crisis can easily intimidate the company from the core and lack of instant action may increase the crisis even more. Public relations theory and practices is a profession which ensures highest quality crisis management and a bank like CBA who is going to unethical charges related issues, should heavily focus on PR based crisis management. A crisis is capable of causing threats to public safety, a crisis can determine financial loss and this is exactly what CBA is going through presently and a crisis can cause reputation loss which CBA faced due to their money laundering issue (University, 2018). 

PR in crisis management-

•    PR ensures signal detection- public relations’ theory is known for their detection of the crisis almost immediately. 

•    PR determines probing and prevention- it definitely ensures immediate prevention planning for the risks and crisis especially relating to money (Bivins, 2012). 

•    PR focuses on damage containment- PR’s primal focus is to manage the damage and make further plans to contain it somehow. 

•    Ensures recovery of the company- a company after going through a crisis suffers badly, PR ensures that their recovery takes place shortly. 

•    PR ensures the learning of the entire company- PR is a profession that encourages overall company’s learning of PR activities, theories and how to apply them in real life (Grunig, 2014). 

Prepare a Press Release to the Stakeholders 

Company LOGO 

(Release Date)

            Contact Number- 

Company Name- Commonwealth Bank of Australia (CBA)

Phone-

 Fax-

E-mail-

Street Address-

City, ST, Zip code- 

Press Release Headline 

Dateline

Australia’s one of the largest banks is Commonwealth Bank of Australia which is in charge of handling 80% of the entire nation’s financial planning, they are one of the leading and most profitable companies. 

Lately, they have been charged with money laundering case against them due to their unethical behavior going on over a number of years until Jeff Morris shed light into the misconduct taking place in the company. SMH uncovered their covering up the issue of money laundering. In a statement, CBA declared that “Our driving principle is to do the right thing for our customers and put right where we have done wrong. We know from our experience and ASIC reviews of our past remediation processes, the importance of putting in place an approach that is well planned, rigorous and fair.” (Ferguson A, CBA compensation scheme closes amid anger, frustration, 2015). They have been serving the nation for a long time now and their statement sheds light on their desire to change for the better.

Commonwealth Bank of Australia 

Boilerplate

End 

They have been involved in unethical practices which were causing incredible difficulties to their employees, to the company image and to the clients the company serves. So it would be a really long journey to see them move forward from their mistakes and bad financial decisions. 

Recommendaitons to Become an Ethical & in Enhancing CSR of Organization 

1. PRACTICE TRANSPARENCY

Transparency in banking or any other business organization is very essential; transparency restores reputation and creates a positive impression in the eyes of the audiences and clients. In this ‘information age,’ every person is competent of exchange of information and data; they are also capable of hiding information from several parties’ involved. It should be the management and the financial planners and employees’ minds that, being dishonest to the people and to themselves is only going to harm them in the long run. Instead of trying to be complicated and over-thinking simple matters, people while working in banks or any other company to take the positive route towards transparency. Maintaining trust and honesty brings more customers and clients, restores reputation in a world of business and takes the company further towards its goal.  

2. MAKE SUSTAINABLE PURCHASING DECISIONS

Any company needs ethically enhanced CSR based employees and planners when a company has these two factors in it, it becomes capable of managing sustainability in decision making. Sustainability is a common issue with clients who stay on the outside and evaluate the company (Yeates, 2018). Spending a few more pennies can save a whole lot of image and reputation than spending less to save money and losing reputation along with it. CSR activities make a person sensible and help him/her take the right decision regarding finances, costs and profitability factors. 

3. PLAYA MORE ACTIVE ROLE IN THE COMMUNITY

Bankers and financial planners are much more incorporation with the society than they think, they have a social and corporate responsibility to maintain (Pria.com.au. 2018). Corporate social responsibility helps a banker and a financial planner to adopt a dual mindset, it makes their decision making sense stronger, more accurate and legal. 

4. SUPPORT THE LOCAL COMMUNITY

A corporate banker, a financial planner, banking industrial people and authorities should step further from their own community towards the local community in order to make other engagements with more people and local businesses. It is important to purchase from local suppliers to make more local events and opportunities to improve the image in the local markets. 

5. ENCOURAGE INNOVATION

Every banking industrial worker should really focus on bringing innovation into their activities and encourage others to become innovative in order to take the company towards its goals. Corporate social responsibility is responsible for this which should be focused by CBA and several other baking companies like this. Innovation and creativity, encouragement and positive attitudes will ensure positive results (Yeates, 2018). 

6. UNDERSTAND THAT CSR COMES FROM THE TOP

Every banking industry, every other kind of industries should genuinely focus on corporate social responsibility in order to profusely use its’ practices and procedures on a daily basis to improve their company, their people and their market image. It is a necessity to know that, CSR comes first which ensures engaging with more and more social responsibility (University, 2018). This will help in employee retention, client’s satisfaction, more ethical activities, and PR maintenance. 

Conclusion 

In conclusion, it can be said that public relations theories and practices, corporate social responsibilities’ maintenance, ethical policies, and procedures’ management will definitely ensure betterment and restoration in the reputation of the company. The company may differ but these procedures cannot change or should get neglected by any means as neglecting these may cause potential threats like- CBA going through unethical charges against them.

Reference

Smallbusiness.chron.com. (2018). Business Ethics Policies & Procedures. 

Bowen, S. (2018). Ethics and Public Relations | Institute for Public Relations. 

Pages.uoregon.edu. (2018). Public Relations Review,

Kang, J. (2010). Ethical conflict and job satisfaction of public relations practitioners. Public Relations Review

Bivins, T. (1992). A systems model for ethical decision making in public relations. Public Relations Review, 

Grunig, J. (2014). Ethics problems and theories in public relations. Communiquer. Revue de communication sociale et publique

Yeates, C. (2018). CBA wants to be ‘the ethical bank’. 

Pria.com.au. (2018). Public Relations Institute of Australia. 

University, S. (2018). Ethical Issues in the Financial Services Industry. 

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ETHICAL POSITION PAPER ASSIGNMENT HELP

Introduction 

This paper is expected to talk about in insights about disability support program in which bolster specialist can enhance a relationship alongside client’s family by keeping up an arrangement of moral standards. Ethical consideration can help program is generally bolstered by correspondence endeavours, social ascribed and also a reasonable methodology. Besides, this paper is engaged to dissect proficient and individual places of two individual in which Person A is considered to be Support worker and Person B is social Worker. A proper ethical help program is dissected a potential moral difficulties of expert train. 

1.0 Concept of ethical issue 

Ethical issue can be characterized as a branch of the theory which includes safeguarding, systemising and in addition suggesting an idea of wrong and right lead. Additionally, moral issue looks to the determination of moral inquiries worried of human ethical quality by understanding bad habit and prudence. Standard ethical issues are decisively related to everyday lives from the viewpoint of both expert and individual perspective (Bailey and Burch, 2016).

Be that as it may, by investigating this above dialog, it tends to be discovered that a legitimate moral system is associated to some real standards which incorporates equal opportunity, equality, correspondence level, person’s pride and rights and many more. Nonetheless, this practices are assessing singular good qualities which are essentially related to moral rule, rights, feel esteems, equal opportunity (Jacob et al. 2016). With a specific end goal to characterize the learning handicap, the ethical position and rule is assumed an urgent part for every last person. At the end, for deciding of moral issue, it is significantly required to comprehend that inability bolster program can be considered as social development. In any case, this sort of social moral development is a fitting thought which is by all accounts a characteristic and additionally clear to each person (Slavin and Schoech, 2017).

1.1 Reframe the ethical questions 

  • Should a disability support worker be allowed to improve friendship with their client’s family? 

1.2 Ethical practices 

The effective use of ethical support program and practices are focused to promote individuality dignity, worth in order to promote value of their services work. As suggested by Heller et al. (2015), ethical practices are fundamentally dealt with some major legal issues with respect to ethical code and principles. Nonetheless, on the contrary, McConachie et al. (2014) has been narrated that ethics code can be defined as core ethical as well as standard principle that is further influenced by ethical practices in a particular profession [refer to appendix 1]. 

It helps to define responsibility and values which are also employed as significant aspect to particular profession. In order to align with other research question, it is required to understand that support worker is playing as a mediator in between their clients and care user. There have been various types of ethical practices that help to promote their service quality. All of those practices are mentioned in following section:

  • Integrity 
  • Responsibility and loyalty
  • Respect for their client’s dignity and rights
  • Justice 
  • Promotion of self-determination 
  • Continuity of their services 
  • Communication practice and technology

Figure 1: Elements of ethical practices

(Source: Created by author)

1.3 Various perspective of existing issue 

According to previous research study, it can be found that disability support program can be affiliated to a crucial ethical issue in all over world market. As suggested by Craig and Bigby (2015), disability support worker should be recognised as well as respect their client’s diversity oppose various ethical discrimination and harassment. In other words, asserted by Schmidt et al. (2016), a quality service system which is provided by support worker can precisely maintain an interrelationship along with domestic and international social worker. Furthermore, as per several theoretical aspects, support worker as well as social worker both of them is played a vital role in improving their social participation of individual with disability. Moreover, in the opinion of Sanders et al. (2017), they are also responsible to expand networks and friendship for maintaining existing relationship by increasing expanding socially value functions and independence. On the contrary, a number of researcher are maintained to improve their knowledge, competence and skills through continuing the professional; services as these aspects are majorly incorporate in support program. Hence, by analysing this argumentative discussion, it is quite clear that majority of previous researcher is agreed with argument that disability support program be allowed to improve friendship with their client’s family.     

2.0 Identification of two different backgrounds 

Identification of different background is associated to two different individual in which Person A is said to be Support Worker and person B is considered to be Social worker. This segment is focused to invite two different professional individuals in order to obtain their responses regarding whether disability support worker is allowed to improve an interrelationship along with client’s family. Therefore, these professionals are involved one social worker and support worker. Furthermore, researcher has been chosen these mentioned professional as they are considered to be associate to each other in order to develop communication level inter-relationship and much more. Both of these individuals are worker for disabled people in order to provide them a better and quality lifestyle in future.        

3.0 Several perspective of different professionals with ethical codes 

In this segment, there has been provided a clear scenario of professional and personal responses of support worker and social worker for obtaining a brief understanding of own discipline ethical codes within disability practices. 


Personal responsesProfessional responses
Person A:Support worker According to response of support worker, it has found that disability support program is considerably helped to improve their internal interrelationship along with care user and their family member. As per opinion of person A, it is quite clear that individual’s attitude is being reflected in response to activities, situations or the people. Therefore, there must have a positive mental attitude towards their case user with disability. Personally, person A is focused to implement a person centred care with respect to human rights ethical principle that significantly helps to promote a relationship as well as enhancing network among their clients. Hence, in a very systematic and organic manner, support worker can attained ethical codes which is significantly reflected over their responses. This ethical code leads to describe responsibility and loyalty, promoting healthcare benefits, respect for client’s dignity and rights as well as justice.    From the perspective of professional field, support worker is preferred to have a relatively quality management principles while delivering disability support program. According to opinion of support worker, it has found that somehow,  disability support program is confronted with various challenges such as lack of knowledge, harassment, lack of recreational activity and so many. Therefore, as per points of view of person A, sometimes, disability support worker is destroying the internal as well as external relationship and network due to their inappropriate as well as unsuitable nature to handle disabled people.  
Person B:Social worker According to point of view of person B (social worker), social worker is played a role as health care social worker who profoundly helps individual with mental and physical disability. Therefore, they are also responsible to develop relationship, communication level among their client’s family by maintaining individual dignity, responsibility, rights and so on. Therefore, majority of social worker is not very concerned about disability program as rate of people abused is rapidly increasing in every country. There are mostly emphasised to mental and physical disability. Therefore, according to personal viewpoints, social worker is fundamentally responsible to increase self-worth, self-determination, dignity. Inversely, it is also required to bridge a strong relationship among disability support program, ethical practices, care user and their family member.          According to opinion of social worker from professional perspective, it has found that majority of social worker are confronted with various type of primary obligation which is considered to be welfare of care user. On the other hand, in relation to existing context, each and every social worker is bound to follow appropriate practices of ethical codes of professional body. In addition, with respect to response of person B, disability service is actively network and liaises with a wide number of providers of external services, stakeholder as well as organisational assessment within a particular community. As a result, it helps to deliver an efficient supports and services to individual they support. In addition, according to responses of person B, it has been also found that disability support program is bound to implement a human rights ethical principles that involves with individual autonomy, inclusion in the society, humanity, accessibility, equality of opportunity and so many.    

Table 1: Different responses of two different professionals

(Source: Created by author)

Based on this overall discussion, it is evident that both the professionals are employed to a positive perception regarding increasing friendship along with client’s family member with respect to disability support program.    

4.0 Analysis of Professional and personal responses   

By analysing individual opinion of two different professionals regarding consequences of disability support program to improve inter-relationship, it has found that social and support worker are preferred to provide a relatively positive responses in this context. In order to align with such discussion, they are mainly dealt with some major ethical principles that emphasises to quality management principle, principles of human rights. As suggested by Gustafsson et al. (2018), principle of human rights refers to re-cover various type of assessment that helps to fulfil an effective participation of their employee, staff as well as clients for providing them a quality lifestyle. On the contrary, according to individual responses, quality management of ethical principle is also played a crucial role for flourishing communication level and relationship. Shelley et al. (2018) has been stated that this type of principle is primarily focused on the outcome that is obtained from support services by increase engagement in a collaborative partnership. However, healthcare professional can be employed as trustworthy as well as dependable in several aspects of personal and professional relationship. Hence, as per opinion of person A and person B, they need to maintain a confidentiality by neglecting different internal conflicts for maximising benefits of disability support program. 

Ethical codes:

  • Professional code of ethical consideration 
  • Value based ethical practices 
  • Promotion of self-determination
  • Maintenance of professional boundaries

Nonetheless, the above argument can also be evaluated through ethical theory and practices which are mentioned in following section:       

Ethical theory and practices 

·           Community Inclusion

The ethical theoretical framework of community inclusion is profoundly involved with local community engagement that helps to increase individual value. As per this particular theoretical analyse, community participation has been played a vital role in order to flourish inter-relationship among care users, care providers and their family members. In accordance to Ellis-Sloan (2015), people with disability has been found to be removed from existing community, however, they do not get that opportunity to involve in their local community. From that perspective, disability support worker has been employed to a planning process in order to increase community participation. Therefore, in terms of that, community inclusion ethical theory is invited to maintain different ethical codes and practices for providing a better quality lifestyle (Laaser et al. 2017).   

·           Attachment Theory

The attachment theory is considered to be most popular ethical theoretical framework that helps to analyse individual behavioural system. As opined by Mengoni et al. (2015), this type of ethical theory is defined as intrinsic motivational system along with underlying a mechanism for establishment of the emotional bond. On the other hand, attachment theory is bound to implement an evolutionary function. In addition, individual differences within experiences of the caregiving have been observed to a notable difference in attachment pattern. Hence, from that perspective, it is classified into four several attachment style. It is emphasised to secure style of attachment, insecure-avoidant style of attachment, anxious-ambivalent style as well as disorganised attachment style [refer to appendix 1]. 

Secure style of attachmentAs narrated by Baron et al. (2014), this style of attachment is remarkably associated to responsive care giving for improving relationship. 
Insecure-avoidant styleIt is related to hostile., rigid and rejecting carte giving approach  
Anxious-ambivalent styleanxious -ambivalent attachment style is narrated to intrusive and inconsistent care giving approach
Disorganised attachment style Lastly, this factor leads to deal with service quality of the care giving which is frightened, helpless and a lacking confidence (Curtis et al. 2017). 

Table 2: Attachment Theory

(Source: Created by author)

Figure 2: Practices of Attachment Theory

(Source: Created by author)

5.0 Articulation of own professional and personal position with ethical challenges 

As per this overall argumentative discussion on personal and professional responses, I can effectively obtain a clear understanding that both the professional such as support worker and social worker is said to be equally important to conduct disability program. On the other hand, it could have realised that ethical practices are highly correlated to ethical standard. Furthermore, in recent contemporary world market, number of abused individual is getting increased which is mostly emphasised to physical and mental disability. Therefore, each and every support and social worker is taken this issue in a very serious manner. Hence, from that point of view, I can observed that they are now mainly concerned to provide a person centred care by maintaining human resource ethical principles and quality management ethical principles. Therefore, for articulating individual position, it is quite clear to me that ethical conduct is referred to control different prospect of social as well as cultural principle. However, on the contrary, this type of disability support program is also segregated to some challenging aspects for improving intercommunication among them. It is majorly incorporated to lack of skills, lack of knowledge, lack of support coordination, inappropriate of recreation, internal as well as external activity and so on. All of these assessments are directly hamper to effective disability support program. Furthermore, I could have also gained that the professional individual are very concerned to those element for re-covering tat in a very efficient manner that helps to increase community engagement of disabled people.          

Conclusion 

This paper is premised to provide a holistic discussion on disability support program whether it is responsible to improve friendship with client’s family or not. By analysing this overall discussion, it is quite obvious that determination of personal and professional responses of ethical principles are affiliated to most fundamental approach for developing inter-relationship, communication level and a quality ethical practices. The improvement of disability support program and position is required to quantify various response of a person concerning moral and ethical standards. A connection in the middle of good conduct and good qualities has a moderately since a long time ago fascinated of social joining. Furthermore, this paper is highlighted an argumentative discussion of professional as well as personal points of view by aligning it by various ethical theoretical practices such as Community inclusive and Attachment ethical theory.     

Reference list

Books

Bailey, J. and Burch, M., 2016. Ethics for behavior analysts. Abingdon: Routledge.

Jacob, S., Decker, D.M. and Lugg, E.T., 2016. Ethics and law for school psychologists. Hoboken: John Wiley & Sons.

Slavin, S. and Schoech, R., 2017. Human services technology: Understanding, designing, and implementing computer and Internet applications in the social services. Boca Raton: CRC Press.

Journals

Craig, D. and Bigby, C., 2015. “She’s been involved in everything as far as I can see”: Supporting the active participation of people with intellectual disability in community groups. Journal of Intellectual and Developmental Disability40(1), pp.12-25.

Ellis-Sloan, K., 2015. Practising care in teenage mother support groups. Critical Social Policy35(4), pp.535-555.

Gustafsson, J., Peralta, J. and Danermark, B., 2018. Supported Employment and Social Inclusion: Experiences of Workers with Disabilities in Wage Subsidized Employment in Sweden. Scandinavian Journal of Disability Research20(1), pp.26-36.

Heller, T., Gibbons, H.M. and Fisher, D., 2015. Caregiving and family support interventions: Crossing networks of aging and developmental disabilities. Intellectual and developmental disabilities53(5), pp.329-345.

McConachie, D.A.J., McKenzie, K., Morris, P.G. and Walley, R.M., 2014. Acceptance and mindfulness-based stress management for support staff caring for individuals with intellectual disabilities. Research in Developmental Disabilities35(6), pp.1216-1227.

Mengoni, S., Bardsley, J. and Oates, J., 2015. An evaluation of key working for families of children and young people with special educational needs and disabilities. British Journal of Special Education42(4), pp.355-373.

Sanders, J., Munford, R., Liebenberg, L. and Ungar, M., 2017. Peer paradox: the tensions that peer relationships raise for vulnerable youth. Child & Family Social Work22(1), pp.3-14.

Schmidt, B., Campbell, S. and McDermott, R., 2016. Community health workers as chronic care coordinators: evaluation of an Australian Indigenous primary health care program. Australian and New Zealand journal of public health40(S1), pp.S107-S114.

Shelley, K., Donelly, M., Hillman, A., Dew, A., Whitaker, L., Stancliffe, R.J., Knox, M. and Parmenter, T., 2018. How the personal support networks of people with intellectual disability promote participation and engagement. Journal of Social Inclusion9(1), pp.37-57.

Online articles

Baron, S.L., Beard, S., Davis, L.K., Delp, L., Forst, L., Kidd‐Taylor, A., Liebman, A.K., Linnan, L., Punnett, L. and Welch, L.S., 2014. Promoting integrated approaches to reducing health inequities among low‐income workers: Applying a social ecological framework. American journal of industrial medicine57(5), pp.539-556. Available from <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3843946/>

Curtis, M.B., Vinson, J.M., Conover, T.L., Lucianetti, L. and Battista, V., 2017. National culture and ethical judgment: A social contract approach to the contrast of ethical decision making by accounting professionals and students from the US and Italy. Journal of International Accounting Research16(2), pp.103-120. Available from <http://aaapubs.org/doi/abs/10.2308/jiar-51824?code=aaan-site&journalCode=jiar> [Accessed on 30th July 2018]

Laaser, U., Schröder-Bäck, P., Eliakimu, E. and Czabanowska, K., 2017. A code of ethical conduct for the public health profession. South Eastern European Journal of Public Health9. Available from <http://www.seejph.com/index.php/seejph/article/view/177> [Accessed on 30th July 2018]

Appendices

Appendix 1: Attachment theory

https://lh6.googleusercontent.com/lohaSUNcfUW0eRxkQE90ZshYXpsiB6nZw73iho9bOJO32XGsXjff6okmNBxoTrLzx0MIP96_KG_9j7sAA04jpNok6B_66xgUTWfHO0vmZ7eRCsR5Xq-OoxfeiZLtFtALf0XLsZsb

(Source: http://www.personalityresearch.org/attachment/attachmentstyles.jpeg)

Appendix 2: Ethical practices 

(Source: https://media.springernature.com/original/springer-static/image/art%3A10.1007%2Fs11948-016-9814-x/MediaObjects/11948_2016_9814_Fig2_HTML.gif)

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JUBILEE MINES vs. MR. RILEY CASE STUDY ASSIGNMENT HELP

JUBILEE MINES vs. MR. RILEYMay 192018
BREACH OF CONTINUOUS DISCLOSURE “S 1001A CORPORATIONS ACT 2001

Table of Contents

Introduction 2

Case Introduction 2

Duties and Responsibilities Breached 2

Analysis of the Court’s Decision and Justification 4

Relevance and Impact of the decision 5

Conclusion 6

References 7

Introduction

Case Introduction

It is vital for every listed company to make a projection of information for the world to evaluate the current organizational position. A clear projection of the information would certainly have a material impact over the security prices of the organisation, which is of the interest to every security holder (Act, 2001). For example: This is a legal and professional obligation of a listed bullion exploration company to make a projection of the information in case they accidentally discover nickel during their excavation. On the contrary this is certain to attract legal proceedings and dealing with multiple lawsuits. The case that is being considered for this paper is similar to this example and contains the matter of “continuous disclosure”. The case is “Jubilee Mines NL vs. Riley [2009] WASCA 62”. Mr. Riley has been a shareholder and director of the Jubilee Mines, which is a small gold exploration organisation listed in the Australian Stock Exchange (Adams & Zutshi, 2004). However, he continued to be a shareholder despite of resigning from the organisation during 1993. During 1994, managing director and a geologist found out the existence of nickel during excavation of one of their tenements. The geologist and the managing director decided to not to share the information with the Australian stock exchange and other directors of Jubilee Mines. Their perspective to do so was that, their focus has never been nickel but gold, therefore they stopped further excavation activities in that particular tenement (Act, 2001). Mr. Riley on the other hand had already sold his securities in ignorance by then. He wasn’t familiar with the nickel data just as other shareholders and directors of the company. As a result he decided to claim damages he had to suffer due to the company failed to comply with “continuous disclosure” responsibility.  The Jubilee Mines clearly breached the 1001A of Corporations Law 1994. The section 1001A forces the listed companies to make a continuous disclosure of information, which would help the shareholders to make appropriate decision. As a result Mr. Riley was awarded with $1,856,000 for damages, with an amount of interest of $1,005,133.33 and also Jubilee Mines was ordered to pay for the costs of trial (Allen et.al, 2001).

Duties and Responsibilities Breached

“Jubilee Mines” has always been focused over exploring and excavating gold across the tenements they have acquired within the Kathleen Valley area. The tenement Jubilee Mines acquired was called “McFarlane Find”, which was divided into two different parts. Both of these parts were known for low-grade nickel. Jubilee Mines never had any intentions to explore or excavate nickel; their focus has always been upon exploring gold. Nevertheless, this is the aftermath of the case when Mr. Riley has already been paid with the amounts the court ordered Jubilee Mines to. The duties and responsibilities that have been breached in this case are in line with the “Corporations Act” section “s 1001A” (Chapple & Truong, 2015).

Mr. Riley did put further argument that, although the excavated nickel resource was not commercially significant, but there was a potential for further nickel excavation. Mr. Riley did win; the court ruled the case in favor of Mr. Riley. The court further backed their decision by saying “Jubilee Mines” should have disclosed the information about the nickel resource; decision related with securities is subject to market fluctuations after all. Market fluctuations about security or share prices are heavily reliant over the information a company discloses. It is vital for every listed company to make a clear projection of everything they come up with that might elevate their market value affecting the prices of the shares (Dooley & Goldman, 2001). Shareholders on the other hand make immediate decisions about selling or buying their shares; that decision depends over the information they come across about the company. Keeping the case aside, the duties and responsibilities that has been breached was-

  • The managing director and geologist deciding to hide the information of nickel source from co-directors.
  • Hiding information from shareholders.

It isn’t possible for every company to please their shareholders everytime; in fact share market is immensely volatile and fluctuates numerous times a day. However, shareholders enjoy the fundamental right to be informed about everything the company they have purchased shares and securities of (Exchange, 2005). This is not only beneficial for the shareholders but is for the company as well; such transparency would help the company to develop goodwill, which is good for the company’s future. Considering the case of “Jubilee Mines and Mr. Riley” there is a clear breach of “Corporations Act” section-S 1001A”, irrespective of the fact that “the court decision has been made on the basis of “supposed intentions” of Jubilee not the “actual intentions”. The company should have either mentioned at the time they found the nickel source or they should have ensured that the information does not get out of the company and reaches to the stock exchange (Gopalan & Hogan, 2014). Nevertheless, the court made its decision on the basis of the argument and evidences presented at the time of hearing. However, there is a twist in this case, the section underneath would include an analysis of the court’s decision in this case.

Analysis of the Court’s Decision and Justification

The case “Jubilee Mines NL vs. Riley [2009] WASCA 62” was eventually ruled in favor of Mr. Riley. Before going into the court’s decision and analyzing it further, it is vital to know the purpose of “Jubilee mines”. The “Jubilee Mine” is a small ASX (Australian Stock Exchange) listed gold exploring company that has always focused over excavation activities related with gold (Hsu, 2009). The company typically acquires barren and isolated lands for excavation and mining purposes, they purchases tenements across the Kathleen valley to conduct their exploring activities. The company being listed has a list of shareholders; one of them is Mr. Riley, who once was one of the directors of the company. Mr. Riley continued his profession till 1993 and decided to resign from the company during 1994 as a director; however he also made a choice to stay a shareholder. The managing director and one of the geologists once discovered that McFarlane Find is a resource for nickel, but since their company policy was to excavate for gold they decided to keep the information a secret (Hsu et.al,2012). By the time the information reached Australian Stock Exchange, Mr. Riley had his securities sold, which was the reason he filed a court case over the company and eventually secured the case in his favor. Mr. Riley did highlight that the company has breached its legal obligation of continuous disclosure of information. The court eventually ruled the case in favor of Mr. Riley since it is a fundamental right of every shareholder to be informed about the proceedings of the company.

The company was accused of contravening the “S 1001A” of “Corporations Act”. As mentioned earlier there in the case; Mr. Crossley and Mr. Harmanis joined Jubilee as the managing director respectively after Mr. Riley resigned from the company. Mr. William Crossley was appointed as the managing director after Mr. Riley decided to resign the company; Mr. Crossley also resigned in 1995, when Mr. Harmanis took over the responsibilities of managing director. He wasn’t fully aware of the situation. Mr. Riley never considered the nickel information to be a valuable or important, which is the reason he and Mr. Cooke decided to not to disclose the information (Tomasic, 1990). However, Mr. Harmanis made an announcement on 11th June 1996 dedicating to the “Australian Stock Exchange” notifying about the nickel resource at McFarlane. This is when the information was leaked, which was completely the opposite what Mr. Crossley and Mr. Cooke wanted. The announcement emphasized that the mineralization plunges eastward, precisely through the Jubilee ground and does have a massive potential of producing nickel. However, it was later found that the quality of the nickel was very poor and of low-grade. It was also advised that Jubilee intends to undertake the mining work during late June and early July of 1996.

The court’s decision in this case is slightly argumentative because, the court hasn’t been completely fair. The decision was given on the basis of “what was not the truth”; the court ruled the case in favor of Mr. Riley on the basis of supposed intentions. Whereas, The Jubilee Mines was in a process of negotiation for acquiring the tenement that WMC (another mining company) was planning to swap with “McFarlane Finds”. Therefore, the court’s decision in this case is not completely justified and should have been done after hearing everything and considering every possible condition (Tomasic et.al, 2002).

Relevance and Impact of the decision

The court did rule the case in favor of Mr. Riley, which was entirely based over technical grounds. Mr. Riley claimed to have faced massive losses due to the deceitful acts of the company; the company “Jubilee Mine” was accused guilty for they haven’t been disclosing complete information. Any listed company is liable to disclose every piece of the information that is in interest of its shareholders according to the “S1001A” of “Corporation Act”. Mr. Riley was right to certain extent but wasn’t completely right. It is because “how the case was presented the court ruled the case in favor of Mr. Riley”. The court’s decision was entirely based over a “supposition”, which never happened; the relevance of the case therefore isn’t much weighty or strong enough (Wells, 2001).

The court later found that the Jubilee Mines was under no circumstances intended to dig for nickel, all it was digging for was gold. The case created a major stir across the Australian media and electronic news channels. The court later made it clear that “any shareholder that is seeking for recovering losses highlighting the breach of section S1001A of “Corporations Act” must prove the significance or value of the information that has not been disclosed. They must consider the underlying reason behind “why the directors, managers and other officials” decided to keep the information undisclosed”. The nickel that was found in the “McFarlane Finds” was of very low category/quality and did not hold any commercial significance. However, exploring nickel was never the intention of Jubilee Mines, it was gold; whatever decision would now be made would entirely be reliant over the underlying reasons behind not-disclosing any information. Shareholders now have to prove the decision wrong before they can make any claims for their losses (Wettenhall, 2001).

In case directors or officers of any company do not consider any information as important or relevant against organizational operation, their consideration would be given significant weight. This was the impact of the case between “Jubilee Mines NL vs. Mr. Riley”; the case decision was unfair at first because “Mr. Riley” wasn’t completely familiar with the intentions of the directors of Jubilee Mines. He completely misinterpreted the decision and intentions of the company; the change occurred due to multiple changes to company and the people working within (Wikina, 2014).

Conclusion

The case of “Jubilee Mines NL vs. Mr. Riley” at first glance appears to be simple but there are multiple twists. The adverse situation occurred somewhat due to the people working within and to some extent due to Mr. Riley’s misinterpretation. The managing director Mr. Crossley and the geologist Mr. Cooke should never have hidden the information at the first place, irrespective of the fact that “nickel was of low grade”. It entirely is up to the shareholders to make their decisions, while at the same time the company should maintain a transparency among the shareholders and employees within the organisation. This not only helps in ensuring better circulation of information it also helps in ensuring better decision making. The likelihood of other directors offering better decision is fairly high; other directors in the board might have suggested disclosing the information. The possibility of pleasing shareholders everyday isn’t possible for any company in the world, but it is imperative for every company to be substantially transparent and open to each one of their shareholder category. The court must also have considered viewing some other evidences regarding “if the Jubilee has actually had intentions to use the nickel source and not letting the shareholders know about this” would have resulted in much better outcome.

References

Act, C. (2001). Canberra: Commonwealth of Australia.

Act, C. (2001). CCH Australia Limited.

Adams, C., & Zutshi, A. (2004). Corporate social responsibility: why business should act responsibly and be accountable. Australian Accounting Review14(34), 31-39.

Allen, W. T., Jacobs, J. B., & Strine Jr, L. E. (2001). Function over form: A reassessment of standards of review in Delaware Corporation Law. The Business Lawyer, 1287-1321.

Chapple, L., & Truong, T. P. (2015). Continuous disclosure compliance: does corporate governance matter?. Accounting & Finance55(4), 965-988.

Dooley, M. P., & Goldman, M. D. (2001). Some Comparisons Between the Model Business Corporation Act and the Delaware General Corporation Law. The Business Lawyer, 737-766.

Exchange, A. S. (2005). Guidance note-continuous disclosure.

Gopalan, S., & Hogan, K. (2014). Ethical Transnational Corporate Activity At Home And Abroad: A proposal for reforming continuous disclosure obligations in Australia and the United States. Colum. Hum. Rts. L. Rev.46, 1.

Hsu, G. C. M. (2009). Impact of earnings performance on price‐sensitive disclosures under the Australian continuous disclosure regime. Accounting & Finance49(2), 317-339.

Hsu, G. C. M., Lindsay, S., & Tutticci, I. (2012). Inter‐temporal changes in analysts’ forecast properties under the Australian continuous disclosure regime. Accounting & Finance52(4), 1101-1123.

Tomasic, R. (1990). Corporation law: principles, policy and process. Butterworths.

Tomasic, R., Bottomley, S., & McQueen, R. (2002). Corporations law in Australia. Federation Press.

Wells, C. (2001). Corporations and criminal responsibility. Oxford University Press on Demand.

Wettenhall, R. (2001). Public or private? Public corporations, companies and the decline of the middle ground. Public Organization Review1(1), 17-40.

Wikina, S. B. (2014). What caused the breach? an examination of use of information technology and health data breaches. Perspectives in health information management11(Fall).

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AUSTRALIAN COMMERCIAL LAW Assignment Help

Question 1(b)

Research a legal system of a foreign country and explain how it addresses the requirements of Hart’s 3-part legal system. Then compare it to how the Australian legal system addresses the same requirements.

Hart’s famous “rule of recognition” is considered as an acceptable form of legal validity among the officials across the globe. It is interesting to consider the applicability of this rule of recognition pertaining to the United States Constitution and its legal system. The Applicability of Hart’s rules of recognition to the analytical jurisprudence associated with United States legal system can be determined by critically review the constitution of the country. By looking at the constitution of the United States it is evident that the constitution acts and legislature of the United States have given very little attention towards considering the rule of recognition illustrated by Hart. The analytical jurists of the United States considered his view as an analytical feature in the legal practice and during the argumentation pattern setting. The United States Constitution is based on the legal perspective associated with the promotion of democratic and liberal values. The United States constitution experts and theorists had considered the practical and the pragmatic situation evolving in front of them most instead of reading about various literatures on the legal systems. The Hart’s legal system can be applicable to the United States in the context of understandability and its essence in the way that the rule of recognition associated with the country’s constitution is to facilitate the human beings by offering them Liberty and democratic freedom. The specific laws and the jurisdiction practiced in the United States has been changing from time to time depending upon the human-specific needs evolved. The US is a very different country from almost all the other countries of the globe as its Legal Experts and jurists do not nearly rely upon the written facts in order to constitute their legal system or submit a recommendation about the legal system. The validity of the rule of recognition can be considered an important part of the US Constitution with the perspective of a legal student as it can be seen as the 4 little essences and spirit which is considered by the US-based constitutionalists (Hart, 2017).

The Australian legal system and constitution are based upon the specific rule of recognition which is set in accordance with the local ground realities of the country. The Australian constitution also recognizes the rule of change along with the rule of recognition Doctrine in its constitutional theory. There are some fundamental aspects associated with the changes in the society as well as the community specifically which need to be translated into the constitution. This is different from many other constitutions of the world and it is not stubborn or restricted to a particular rule or rule of recognition as such. There are many aspects which must be considered to understand the legal system of Australia and the rule of recognition as part of legal positivism is considered by the jurists and constitutional lists of Australia. Australia is completely different from the rest of case of the United States or United Kingdom as its constitution is developed by considering the various examples and presidents that occurred in other parts of the world. The Constitution of Australia considered illustrating various nucleus and constitutional facts of the United States and the United Kingdom in its constitution as part of legal interpretation and explanation. It is completely different from the perspective of the United States and the applicability of Hart’s legal system can be viewed by considering this fact as well. The Australian constitution considers all the theories of the legal systems including Hart’s theory explaining the rule of recognition as part of its constitutional paradigm. It is important for the legal students and researchers to understand that the Australian Constitution and its interpretation can be understood by referring to the books and literature studies conducted by the legal experts of the country. The application of Hart’s principles in general term can be understood by merely reading the constitution of Australia. The details of the certain dynamics and interpretations associated with the Australian law and its connection with the Hart’s “Rule of Recognition” can be explored by studying the books written by the Australian begin community explain the technicalities of the Constitution of the country (Hart, 2017).

Question 2

Advise how Barry might challenge the validity of the contract on the basis of the statements made by Angelo before the contract was entered into. You should consider both common law and statute law.

Barry did not follow the required course of action which he must have done before carrying a major transaction which involves transferring $200000. It is important to understand that Barry conducted a mistake by not hiring the services of a legal firm or a legal representative in order to prepare an illegal contract for the selling transaction associated with acquiring the store. Simple sale contract does not contain any specific information about the nature of the Asset including the man. The seller did not mention about the leasing and it is professional dishonesty which he has conducted to hide the facts from the potential seller. It is important for Barry to consider acquiring the services of a little attorney act first convenience in order to discuss with him the various legal aspects associated with this particular case. There are many precedents which can be found from the common law stature during the previous judicial decisions given by the local Court of law in order to find the relevance of such case with a previous case in order to area wise and craft a legal document which must consider all the aspects with the perspective of both parties interests. For instance, considering the stature law perspective there are certain clauses are applicable in this particular case illustrated in the Australian commercial law such as The Australian Law Competition and Consumer Act 2010. Barry the most important thing for Barry is to consider acquiring the legal services of a form or a lawyer in order to suit against the previous owner of the store (Corones, 2016).

The validity of the contract pertaining to the sales transaction of the store can be challenged on many legal Grounds depending upon the presentation and analysis of the case done by a legal expert. There are many laws and close is available in the Australian Commercial Law which addresses and responds to the situations such as this one. Barry must recognize the fact that he had done a mistake by not consulting with a lawyer in order to save some money for preparing a contractual agreement. The legal expert involved in this case may have suggested him some important legal tips which could save him from getting into any controversy associated with the business-oriented transaction the contractual agreement prepared by a legal expert would have been comprehensive in terms of responding to various challenging scenarios that can evolve after the selling of the store. The legal opinion of the legal expert can help the Barry to reconsider its sales for enter transaction and look for all the possible ways which can help him to compensate or minimize the potential loss he has witnessed and experience due to the controversial purchase of the grocery store (Deuble et. al, 2016).

Question 3

Assuming Barry does not get out of the contract, advice on the possibility of an action for breach of contract.

Issue

Barry’s decision to buy the grocery store was conducted without performing a consultation with a business expert. It was not conducted in the light of the legal guidelines provided by a specific legal expert of Australian commercial law. He had a desire to buy a running business in order to get rid of the job-specific paradigm and become Boss of his own. The reality of the fact is that it is important to understand various dynamics associated with the particular business or even job before getting into its details. Barry the words of the previous owner of the store on its face value and did not for that to research or consult with a particular subject matter expert before conducting a major transaction of $200000. The main issue Barry encounter was the wrong information or hiding the right information from him consulting the sales specific transaction of the store. The seller did not mention the original nature and ownership of the van as it is entitled to the lease agreement to a particular organization. Barry did not perform his homework before performing a major transaction of business which involved transferring $200000. This amount is big and it is a mistake of Barry not to consider the hiring of a professional lawyer or legal expert in order to assist him in the preparation of a particular legal contract for conducting the sales specific transaction of the store. He committed a big mistake to save little money and now he has to remain patient to respond to the situation in the best legal pattern (Pearson, 2017).

Rule

A legal contract is usually an agreement which is made in the form of writing and sometimes verbal understandings to set various terms associated with a particular commercial transaction. The legal contract is binding on both parties which have participated in the agreement and become signatories. There are some possibilities associated with the consignment of information associated with a particular legal contract in which either of the parties has to make a particular representation specific statement. The Representation specific statement maybe important to understand the context of the situation and the particular commercial activity or transaction pertaining to the contractual agreement. For instance, in the case of Barry’s purchase of the store the previous owner of the store had made some statements about the business potential and profitability of the grocery store. There were many statements of him later on proved to be miss representation of effects and concealment of important information pertaining to the sales oriented transactions conducted between both the parties. This is an important matter pertaining to the misrepresentation of the facts and there is a specific legal context which applies to deal with this sort of situation. The Australian Law Competition and Consumer Act 2010 (Cth) (previously the Trade Practices Act 1974 (Cth)) illustrates the misrepresentation and concealing facts before a particular contract. This act can be for that explodes in order to find all the possible legal consequences which can be applied in the case of Barry from whom the seller tried to hide some important facts pertaining to the sale (Millbank, 2015).

Analysis and Conclusion

There are some specific legal options available for Barry, to consider about considering the lawsuit about miss representation in concealing facts pertaining to the sales of a potential store. The best option available for him is to consult a legal expert as soon as possible to discuss all the various possibilities available to end in connection with the legal system and law of land. Barry should remain aware of all the possible detail consequences which can result due to his future decisions to pursue a case against the previous owner of the store. There can be setup options set in front of him to negotiate and reach a mutual agreement in order to satisfy the concerns of Barry. He must look into all the available options in consultation with his legal assistant or lawyer. He has to remain careful about dealing with the representative of the firm who said that he came from the leasing company. He should consult with his legal assistant in order to get the best legal advice about dealing with the leasing firm (Stickley, 2016).

It is important for Barry to consider all the legal consequences which can come across its way in case he decides to take the matter in the court. There are many options available for him to consider in terms of proceeding ahead and the best strategy for him is to consult with a legal expert as soon as possible. The legal consultant or expert can help him to understand the important aspects of the law which are applicable to his specific case and how he can use all the legal aspects in his own way to compensate or get out of the situation he has been into. There are many challenges in terms of following and adherence to the commercial law pertaining to conducting the sales oriented transactions and selling and buying of the property or the businesses. In order to avoid any other unfortunate incident in future, he has to remain careful about deciding the matters which involve legal consequences and technicalities alien the legal technicalities are better understood by the equal experts and the lawyers. They are the subject matter experts on their subject and them to understand the technicalities associated with the application of the commercial law of Australia. Barry, being a layman, need to focus on the development of the understanding that he must refer to a legal expert pertaining to its current business-oriented transaction and all the possible legal consequences which can be applied to his specific case (Millbank, 2015).

Bibliography

Corones, S. G. (2014). Competition law in Australia. Thomson Reuters Australia, Limited.

Deuble, R. L., Connick, M. J., Beckman, E. M., Abernethy, B., & Tweedy, S. M. (2016). Using Fitts’ Law to detect intentional misrepresentation. Journal of motor behavior48(2), 164-171.

Hart, H. L. A. (2017). Positivism and the Separation of Law and Morals. In Law and Morality (pp. 63-99). Routledge.

Pearson, G. (2017). Further challenges for Australian consumer law. In Consumer Law and Socioeconomic Development (pp. 287-305). Springer, Cham.

Millbank, J. (2015). Rethinking “commercial” surrogacy in Australia. Journal of bioethical inquiry12(3), 477-490.

Stickley, A. P. (2016). Australian torts law. LexisNexis Butterworths.

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Frauds at Workplaces Assignment Help

Indicators of fraud report

Frauds at Workplaces:

Various business people will battle that there are sufficient internal controls set up to stop, or even wipe out, fake exercises. Regardless, as experience has showed up, inside controls don’t totally maintain a strategic distance from distortion. Moreover, a year back inside controls may never again be as practical as when they were delivered. Associations change, and as they fulfil more/assorted labourers are obtained for old and as of late made position.

Most deception is advancing; once it starts it doesn’t stop without any other person, and as it continues with, it creates. Not a lot of thefts happen unprecedented for tremendous aggregates. In any case, after the fraudster recognizes that it is so characteristic to take money gradually. When it is gotten, each individual occasion can be in the expansive number of dollars or more. Various are bewildered to find that most distortion is executed by educated personnel in senior authority positions, and is impacted by conditions inside the affiliation, beginning at the top, and filtering down.

Measures for Fraud at Workplaces:

Cheats and frauds in independent venture have a tendency to be unsophisticated, and at first glance, asking to be found. Be that as it may, when nobody is looking, they go on, here and there for quite a long time, before recognition. Here are some normal cautioning indications of extortion: A representative who is living past his/her methods.

Sub-records which don’t accommodate with the general record extreme benefits of records receivable unexplained money inconsistencies protests from clients about charging or sums owed grumblings from merchants about instalment ascend in “delicate” expenses, voided, demolished or missing checks a representative who never takes a get-away.

Risks Involve Staff, Situation:

To begin with, it is not abnormal for honest to goodness receipts to be submitted, despite the fact that they are for non-operational expense.

Second, it is not abnormal for a fraudster to swell costs where receipts are not anticipated that would be required, i.e. taxi receipts, or to adjust the receipts preceding accommodation for repayment.

Next, imaginary costs can be some of the time found on cost reports. For this situation, a false receipt or other verification of the cost is exhibited. It is anything but difficult to make a receipt for a use that never happened.

Likewise, various entries for the same cost are not a phenomenal technique to execute extortion against a business. In this strategy, a cost, potentially an aircraft ticket and lodging bill are resubmitted a few months after the first accommodation. Since numerous representatives acquire various away excursions every month, the accommodation is not abnormal, and just a sharp memory will have the capacity to uncover this plan.

Initiated Action for Fraud:

Insights demonstrate that misrepresentation by representatives is a critical issue for Canadian organizations. For example, if some of inside extortion cases result in misfortunes of a certain amount on average despite the fact that, with advances in innovation and software engineering, misrepresentation ought to be much less demanding to take out, given the new assets accessible to managers for exploring and demonstrating it. While this article does not indicate to be a thorough treatment of the subject, it gives an apparatus that businesses can use to stay side by side of the assets accessible to them that can be utilized to react to these sorts of circumstances.

It was started by portraying different situations that can be described as misrepresentation, and the relationship between a worker’s commitments and their rights and flexibilities in a work relations setting. We then clarify the means that make up the investigative procedure prompting release or disciplinary activity, and the lines that the business must not cross in restraining a representative. We finish up with a dialog of the elements that a business can consider in choosing what kind of authorization ought to be forced on a worker who has submitted extortion.

How Fraud Can be monitor at Workplace:

Inside controls are the arrangements and/or programs actualized to shield your organization’s advantages, guarantee the uprightness of its bookkeeping records, and discourage and identify misrepresentation and robbery. Isolation of obligations is a critical part of inside control that can diminish the danger of extortion from happening. For instance, a retail location has one money register representative, one sales representative, and one supervisor. The money and check register receipts ought to be counted by one representative while another readies the store slip and the third conveys the store to the bank. This can uncover any disparities in the accumulations.

Documentation is another inner control that can decrease extortion. Consider the case above; if deals receipts and planning of the bank store are reported in the books, the entrepreneur can take a gander at the documentation day by day or week after week to confirm that the receipts were saved into the bank. What’s more, ensure all checks, buy requests and solicitations are numbered successively. Use for store just stamps on every approaching check, require two marks on checks over a predefined dollar sum and abstain from utilizing a mark stamp. Additionally, be cognizant to new sellers as charging plan thieves setup and make instalments to invented merchants, typically sent to a P.O. Box.

Inner control projects ought to be observed and amended on a steady premise to guarantee they are successful and current with innovative and different advances. On the off chance that you don’t have an interior control procedure or misrepresentation anticipation program set up, and then you ought to procure an expert with involvement here. A specialist will examine the organization’s approaches and methodology, prescribe proper projects and help with usage.

ASSESSMENT THREE

PSPREG010 Brief preparation report

  1. Using the witness statement information provided, prepare witness statement for Neil Collins, sales assistance from Q Medical Pharmacy, where John Adams collected prescriptions under the name of Peter Gordon.

Most proof concerns occasions that happened before. Witness articulations ought to accordingly use past and not current state. The issue of wrong utilization of current state frequently emerges when a witness portrays a scene, or discusses a relationship between things, framework, practice, or situation.

Cases of erroneous utilization of current state when past occasions are in issue incorporate “The site is encompassed by trees … “, “Each labourer who goes ahead site is offered guidelines to … “, “The organization has standard terms of prohibition on its agreement reports”, “Smith is overseeing chief of the organization and has power to … “, “Requests for provisions are set by … “.

Utilization of current state masks the genuine confirmation about the situation at the important time.

Expert Statement

The objective in these cases is to teach and influence a potential foe, or the trier of actuality, regardless of whether a judge or a jury, that the HIV-constructive individual represents no danger of transmission through easygoing contact, or if the setting is consensual sex, no huge danger of transmission when, for instance, viral load is imperceptible or potentially a condom is utilized. To put it plainly, the master gives the move down to the contention that disease alone is not a suitable reason for, e.g., changes in kid care orders, criminal feelings, or prohibition from a work environment. This specimen master articulation, which depicts the different routes in which is and isn’t transmitted, might be adjusted to address the issues of particular circumstances.

Express the words talked

Much of the time witness explanations set out decisions about the nature or the subject of information exchanged instead of express the words utilized. This is not proving. Typically it is a decision about or assessment of individual experience that has not been set out in the announcement. The predetermined substance of the words talked constitutes the proof.

Shapes like “He discussed … “, “I educated her … “, “I identified with him my worry about … “, “We examined … ” don’t set out what happened by individual experience of the witness. They have a tendency to distinguish the mark given by the observer to the theme or issue that was talked about without appropriately saying information disclosed. They can’t bring out a picture of what happened. The protected shape is “I said” or “he/she said” took after, as well as can be expected be done, the substance of the words that were utilized. On the off chance that points of discourse are distinguished they ought to be taken after, where important, by proof of information disclosed.

Maintain a strategic distance from attorney talk

The dialect utilized as a part of the announcement ought to mirror the way individuals talk and not legalistic counterparts. Individuals “see” instead of “watch” things. They “say” as opposed to “illuminate” or “exhort”. They “read” and don’t “examine” and they “send”, “post” “fax” or “email” as opposed to “forward” records. The witness “went” as opposed to “continued” some place. The vast majority drive “autos” as opposed to “vehicles” (albeit now and then the best portrayal is “vehicle”).

Utilize the dynamic shape

Most sentences ought to distinguish the performer (for the most part the witness) and if someone else is included ought to recognize that individual. The sentence ought to then say what the witness saw, said, heard or did. The on-screen character may however be uncovered by the setting gave by the announcement.

  1. Using the witness statement information provided, prepare expert statement for Penelope Andrews, Forensic Accountant

Expert Statement

The practice is fairly unusual given the typical designation of parts in question settlement: witnesses gave prove; specialists opine on specialized issues or realities; and direction makes legitimate entries in view of the appropriate law

3. Identify admissible evidence to be included in BOE

The specific extension and substance of the tenets appropriate to master confirm vary altogether between Australian locales. Various wards likewise have implicit rules that specialists are required to cling to. One regular element of the distinctive principles and implicit rules is that the court practices significant control over the type of master proof. This is reflective of the significance of, and the requirement for the court to depend on master sentiment as a rule. Such dependence is just conceivable if master reports consent to suitable methods for the readiness and enunciation of master confirmation.

The correct substance of the individual guidelines and implicit rules identifying with the predominant courts in the different Australian wards is past the extent of this paper. Unmistakably, a legitimate specialist or master required in the arrangement and presentation of master proof in a specific purview must be acquainted with and agree to the applicable tenets.

All the more for the most part, what complaint can there be if a gathering, wishing to guarantee that its lawful entries have more gravitas, backings them by depending on a specialist lawful supposition, as opposed to bringing on the master as co-direction for the situation? Advance, not all guidance and not all mediators are specialists in broad daylight universal law. Master lawful conclusions can serve an imperative capacity in guaranteeing that important lawful standards are completely informed.

  1. Identify non-admissible evidence

There are contrasts in the pertinent proof law between Australian locales. The Commonwealth, Australian Capital Territory, New South Wales, Northern Territory, Norfolk Island, Tasmania and Victoria are Uniform Evidence Act locales, while the precedent-based law still applies in Queensland, South Australia and Western Australia.

Such contrasts in confirmation law might be significant in the degree to which case law in one Australian ward may not be pertinent in another purview.

For instance, there are contrasts between the custom-based law and the Uniform Evidence Act in the degree to which a specialist’s draft reports can be called for or uncovered. 2 Every Australian locale has decides that administer the substance of, and the way of giving master confirm. The arrangements of Reg 31.17 of the Uniform Civil

Methodology Rules 2005 (NSW) are average of the reason for these rules:3

(a) To guarantee that the court has control over the giving of master confirmation;

(b) To confine master prove in procedures to what is sensibly required to determine the procedures;

(c) To maintain a strategic distance from superfluous expenses connected with gatherings to procedures holding distinctive specialists;

(d) if it is practicable to do as such without trading off the interests of equity, to empower master proof to be given on an issue in procedures by a solitary master drew in by the gatherings or delegated by the court;

(e) If it is important to do as such to guarantee a reasonable trial of procedures, to take into account more than one master (however close to are fundamental) to give confirm on an issue in the procedures; and

(f) To announce the obligation of a specialist witness in connection to the court and the gatherings to procedures.

  1. Elements offence and identify admissible evidence for each element to ensure sufficient to proceed to prosecution

Most purviews give that master confirm in boss is to be illustrated by master reports, in a few wards simply after the court has made proper headings.

In those locales that have unequivocal master implicit rules, a specialist is bound by its arrangements, and as a rule needs to recognize in their report that s/he has perused, comprehended and conformed to the code. The significance of this formal affirmation is highlighted by the arrangement in the ACTSC rules:

In the event that a specialist report does not contain an affirmation by the master witness who arranged the report that the master witness has perused the set of accepted rules and consents to be bound by it, administration of the master report by the gathering that drew in the master is not legitimate service.5

The general administer in precedent-based law on the issue of confirmation of the substance of an archive is that the gathering trying to depend on the substance of a record must cite essential proof of those substance. A case of this would be the place a gathering has in his grasp the first record. In those conditions he should create it and he can’t give optional proof by delivering a duplicate

The tenets in three wards determine whether the master confirms code/rules apply to a gathering that is likewise qualified to go about as a specialist witness. The master witness set of principles does not have any significant bearing in Victoria6 nor do the Rules apply in Queensland, 7 however the Practice Direction applies to a gathering witness in South Australia.

  1. Update Exhibit Register evidencing continuity of evidence where evidence is removed for BOE

Except for Western Australia, all locales have procedural guidelines as well as arrangements in sets of principles in regard

of pre–trial meetings between specialists, covering a few or the majority of the accompanying issues:

Court may coordinate a meeting with another master.

Court course to deliver

a joint report setting out the conclusions where specialists concur and differ and the reasons why they oppose this idea.

Specialists must attempt to achieve assertion.

Master is not to follow up on any guideline to withhold or stay away from concurrence with other master witnesses.

The reasonable point of these arrangements is to minimize the contrasts between master conclusions, by an organized procedure that addresses the truths on which master feelings are based, and also guaranteeing that specialists address similar inquiries.

In spite of the fact that there might be no principled protest to the utilization of master legitimate feelings, as venture bargain statute creates and develops, I think we can expect less dependence on the master lawful conclusion on universal law. Except for the Yukos case, it might be that pattern has as of now started (and, in any occasion, the master legitimate assessment on global law just shows up in a minority of cases). Later on, guidance in venture bargain discretions will probably do what advise in most lawful frameworks do.

The techniques by and large mean to minimize the influence of attorneys on the result of a specialists’ meeting, maybe by barring legal counsellors from going to, and guaranteeing that the gathering procedures themselves are ‘without partiality’.

ASSESSMENT FOUR

PSPREG010 Develop brief of evidence

1. Letter of referral ensuring the letter is correctly marked for confidential material

Ms. Susan Smith

Vice President, Accounts Director

Acme Company

1234 Madison Avenue

New York, NY 10502

Date

To whom it may concern,

I confirm that (name) is/was employed as (position) with this organisation from (date) to (date/the present day), and was/is paid (salary, plus bonus and benefits as applicable).

Their job of (position) carries the following responsibilities (describe briefly the job). (Name) is skilled in (details of skills) and is also (characteristics – e.g. reliable dependable, a good communicators, etc).

I would happily re-employ (name) as I consider him/her to be a valuable member of the team, who consistently achieved good results and delivers all expectations.

Yours faithfully, etc

Jane Smart

789 Broadway

New York, NY 10001

2. Witness contact details

Gail McClosky

47 Penrod Street

Helena, MT

September 30, 20xx

Judge

Little Claims Court

Helena, MT

Re: James Dills versus R and B Construction

Little Claims Case No. 11478

You’re Honour:

I am a completely authorized contractual worker with 20 years’ involvement here in Helena (Contractor’s License 4021B). Throughout the previous ten years I’ve run my own particular five-man contracting organization represent considerable authority in building walled in areas and structures to house steeds and other vast creatures. I encase a résumé sketching out my particular preparing and involvement in this field.

On April 23, 20xx, I was requested that by James Dills investigate a few new slows down he had contracted to be inherent the fundamental horse shelter of his Lazy T Riding Stable by R&B Construction.

Genuinely,

Gail McClosky

3. Disclosure certificate

On September 15, 20xx, at roughly 7:30 am, I was stopped close to the edge of South Dora and seventh Streets in Marshville. I was stopped on South Dora, around three parking spots south of the crossing point. Soon after 7:30 a.m., I saw a car collision including John Swift and Peter Petrakos.

I plainly observed Mr. Petrakos’ yellow Toyota, which was travelling north on South Dora, experience a red light and hit Mr. Quick’s blue van, which was continuing west on seventh, well inside the 25 MPH speed restrain. I saw that the activity light confronting Mr. Petrakos did not swing to green for ten seconds or so after the mischance, so it is clear to me that Mr. Petrakos truly went through the light while it was completely red. So, this was not a circumstance where Mr. Petrakos was only a modest piece early getting into the crossing point at a light change.

4. Brief cover sheet, including:  defendant’s details  charges laid  statement of facts

The Statement of Facts in a brief to a court performs particular work: we can consider it a vital arranging or exhibiting of actualities in a way that addresses the legitimate issues for a situation, without clearly contending them. Ordinarily, a judge will read the Statement of Facts in a brief before perusing the Argument; a very much made Statement of Facts that takes part in undercover influence can impact the route in which the contentions will be assessed. Getting it done, a Statement of Facts will have the qualities of a story, including a plot line in light of a specific transience, a progression of occasions, a thrown of characters, and a perspective. On the off chance that it is skilfully created, it will evoke intrigue and construct emotional pressure. Dissimilar to different stories, however, a Statement of Facts in a brief is liable to parameters that depend on the components of the law that applies. The certainties you incorporate into the Statement of Facts ought to hold up under a relationship to the accurate criteria for the situation law or statute that represents the lawful issue. For instance, for a situation including the exceptional relationship principle in torts, in which New York case law has distinguished four components for meeting its prerequisites (learning, presumption of obligation, direct contact, dependence), offended parties and respondents ought to incorporate actualities in the Statement that tend to bolster or negate these components

5. Index to brief, including:  Witness index  Exhibit index

S-1-E Congregation’s Field Service Report (10/15)
S-1-TW ASAFO ASƐNKA AKONTAABU (10/15)

S-2-E Notification of Appointment or Deletion (11/12)
S-2-E Notification of Appointment or Deletion (3/01)

S-3-TW NNIPA DODOW A WÁBA ADESUA (10/15) 
S-3 Study Report (2/79)

S-4-E Field Service Report (10/15)
S-4-E Field Service Report (4/02)
S-4 Field Service Report (1/92)

S-5-E Kingdom Hall Information (12/15)
S-5-E Congregation Meeting Information and Handbill Request (3/00)

S-6 How to Request a Territory Adjustment (9/99)

S-8-E House-to-House Record (10/53)

6. Include all admissible evidence pertaining to the charge that you will rely on as evidence

Gail McClosky

47 Penrod Street

Helena, MT

September 30, 20xx

Judge

Little Claims Court

Helena, MT

Re: James Dills versus R and B Construction

Little Claims Case No. 11478

You’re Honour:

I am a completely authorized contractual worker with 20 years’ involvement here in Helena (Contractor’s License 4021B). Throughout the previous ten years I’ve run my own particular five-man contracting organization having some expertise in building walled in areas and structures to house stallions and other vast creatures. I encase a résumé plotting my specific preparing and involvement in this field.

On April 23, 20xx, I was requested that by James Dills review a few new slows down he had contracted to be inherent the fundamental animal dwelling place of his Lazy T Riding Stable by R&B Construction.

As I would like to think these slow down are genuinely underneath typical industry guidelines, for three reasons.

1) They are too little for the creatures proposed to be kept in them. [Continue with details.]

2) Walls and entryways are worked of plywood too thin to securely contain an unsettled creature. [Continue with details.]

3) Construction is so unpleasant and unfinished in a few places as to represent a threat of harm to a creature proposed to be kept there. [Continue with details.]

Taking everything into account, I trust the slow down are so ineffectively built they can’t sensibly be moved up to give safe liveable lodging to stallions. Were they mine, I would tear them out and begin once again.

Truly,

Gail McClosky

References

1. Donald Charrett ‘Getting the Most out of Expert Witnesses— Lessons from the Victorian Bushfire’s (2015) 181

Australian Construction Law Newsletter 6

2. Dodds–Streeton J set out these distinctions in Shea v TruEnergy Services Pty Ltd (No 5) [2013] FCA

3. There is a similar statement of purposes in section1200 of Court Procedures Rules 2006 (ACT).

4. I am indebted to the Expert Subcommittee of SoCLA for a preview of their draft report and permission to use

Some of their content in this table, and the table in the Annexure.

5. Court Procedures Rules 2006 (ACT) R1203 (3)

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TAXATION THEORY, PRACTICE & LAW ASSIGNMENT HELP

TAXATION THEORY, PRACTICE & LAW

Table of Content

Answer 1. 3

Answer 2. 4

Answer 3. 5

Answer 4. 6

Answer 5. 7

Reference list 9

Answer 1

Assets bought by Eric over last 12 months

Items Price
Antique vase $2000
Antique chair $3,000
Painting $9,000
Home sound system $12,000
Shares in a listed company $5,000
Total $31000

Assets sold by Eric at rate of following prices

Items Price
Antique vase $3,000
Antique chair $1,000
Painting $1,000
Home sound system $11,000
Shares in a listed company $20,000
Total $36000

Total profit = P1-P0

P1 = Total price of items that were sold by Eric = $36000

P0 = Total price of items that were purchased by Eric = $31000

Total profit = $36000 – $31000 = $5000

Capital gain after tax rate deduction = Total profit – Tax rate deduction (15%)

Capital gain after tax rate deduction = $5000 * 15/ 100 = $750

Capital gain after tax rate deduction = $5000 – $750 = $4250

Net capital gain of Eric for the year is $4250.

Capital gain is gain or profit that is produced by selling of items that are purchased by an individual. Profit is gained when items are sold on a higher price than purchase rate. Amount of capital gain is amount which goes on income tax return of an individual. It is an increase of value of any capital asset that can be real estate or investment which gives higher value when compared to purchase price of that asset. Gain can be only found out when asset is sold on a higher price than on price which it was purchased. If the value of asset is sold on a less price than of purchase price, then value will be a loss value which is termed as capital loss (Auerbach & Hassett, 2015). Net capital gain can be calculated after deduction of tax rate that is total gain is subtracted by rate of tax that is supposed to be paid to government. Deduction of tax is required as it is mandatory concept of payment of tax by every government existing in any country (Bogenschneider, 2015). Here, Australian government has put up 15% of tax on items sold by Eric. Capital loss is incurred when value of sold items is less than purchase price of assets. Capital gain is concerned with funds and stocks which is prone to price fluctuation. This is a major reason why capital gain and loss keeps on changing depending on rate of funds and stocks purchased. Mutual funds and shares of any listed company comes under category of capital assets that are prone to price fluctuation that creates difference of price that determines capital gain or loss.

Answer 2

1st April to 31st March is time period for various returns that are earned on the fringe benefits of taxation. FBT liability puts up taxable amounts on fringe benefits. FBT is a tax that is paid on benefits enjoyed by any employee in a business organization (Boll, 2014). However, this benefit comes with the liability of tax payment. This tax liability is referred as Fringe Benefit Tax (FBT). FBT is totally a different concept from income tax and concerns to benefits that are concerned with job and employer provision of benefits. Fringe benefits are provided to employees and employee associates that are related with respective business organization (Burman et al. 2016). Marginal tax rate can have impact over income that is earned by individual who is provided with fringe benefit due to some reason. Fringe benefits taxation impacts positively to small scale business organization on a broader manner of concept (Dietsch & Rixen, 2014). At times, it happens when an employee has to come across few issues because of fringe benefits. Taxable amount of income has to be $2000 in a financial year of an employee to avail policy of fringe benefit taxation. Income tax for income of that particular employee will also be charged in that same year. Fringe benefit is provided to an employee in respect of employment that is provided to that individual into that firm. This reflects that the benefit provided due to the obvious reason of being an employee into that particular organization. Employee who is provided fringe benefit can be a former employee or current or future employee. Calculation of fringe benefit is done by multiplying the total taxable value with lowest gross rate on amount of fringe benefit (Faccio & Xu, 2015). In given case, Fringe benefit taxation is 1.9608 for the period of 2016 and 2017 which is lowest amount of gross rates that has been calculated. Certain benefits are also enjoyed by the employees who have the advantage of fringe benefits. Car parking, expenses for entertainment along with housing facilities and loans for certain personal requirements are examples for fringe benefits that are received by employees of respective organizations. 49% is the determined rate of fringe benefit that is provided to Brian for period ended on 31st March 2016 and 2017 for taxes paid. Brian have to liable of paying $40000*(1-0.49) = $20400 as amount of fringe benefit. Brian is liable to receive further benefit if he gets the interest on amount taken as loan.

Answer 3

There is lack of proper application of capital taxation which has impact on different set of pieces of information that are implied in this given case scenario. On the other hand, Jack and Jill have to bear a big amount of taxation due to high amount of loss that had incurred on their piece of property. Authorities of Australian taxation system are the responsible body to calculate appropriate capital gain tax. There is no proof for the identification of the correct tax system that can save Jack and Jill from bearing loss on property. Therefore, concept of capital gain tax can save them from great hardships to the individual taxpayers (Grubert & Altshuler, 2016). Different policies of taxation procedure can disturb the long term different losses that may be incurred. Capital loss implications may act as a vital element when it comes to decreasing various tax burdens from the policy of taxation. The tax collection office of Australia has given different duty concessions in instances of loss of the capital resource and capital pickup. The net wage or the net misfortune that is assessable may cause a far reaching sway on the diverse parts of the tax collection approaches that are managed by the legislature. Taxation loss which is to be paid has to be held back on the other hand. The misfortunes of capital tax assessment help to decide the pick up on the capital resources. The pay government form assesses the aggregate sum of tax collection that will be paid to decide the different parts of salary expense form. Besides, the misfortunes that are confronted by Jack and Jill in the property can be conveyed forward sooner rather than later years. Capital picks up that are quantitative has to be handled by commercialization of estate. Accordingly, to entirety up, lost $10000 that was incurred through Jill and Jack on the property which was sold decided the estimation of the individual resource alongside the capital gains. There is lack of proper application of capital taxation which has impact on different set of pieces of information that are implied in this given case scenario. On the other hand, Jack and Jill have to bear a big amount of taxation due to high amount of loss that had incurred on their piece of property.

Answer 4

In the context of 1935 Inland Revenue Commissioners vs. Duke of Westminster Case was highlighted extremely in International Media. The case was a bias approach by the House of Lord in favor of high tax payer, Duke of Westminster. Public had view on that particular case in which was based on Tax avoidance issue. In that particular case, common people were interested to on the judicial reaction of that time. The British Government was trying to balance on two sides on that period of time. One initiative of UK parliament was to combat on tax avoidance and on another side; the British Court was intended to preserve the notion of law. Public was concerned on that tax avoidance case. When public concern declines, the British court had given decision in favor wealthy taxpayer, Westminster.  

There was a significant role behind the popularity of this case. In late 1920, large numbers of people were becoming interested to avoid paying tax. Now, wealthy taxpayer came into controversy. This issue is still relevant because tax practitioners are being unethical and the court is inefficient to deliver justifying decisions. This paper is addressing western ethical thoughts which are significant to tax practitioners’ work and consequentialism. The case IRC vs. Westminster had considered the impact of ethical influences over the professional ethical codes (Frecknall et al. 2016). This case influenced on tax practitioners’ work, ethical environment of tax work, terms of tax compliance, tax avoidance.

Relevancy for Australia

The Government of Australia and The British Government have General Anti-Avoidance Rules (GAAR) in perspective of income tax legislation. The UK GAAR is new whereas the amendments are Australia’s General Anti-Avoidance Rules decades old. It was introduced in the year of 1981.

The UK taxation system is a considerable volume of specific anti avoidance legislation. This is one of the biggest tax legislation in the world which in written in detail format. The Tax legislations have based on rules. The UK taxation is unable to make such principles (Van & Emmerink, 2013). The system of UK taxation amendments have specific provision which is called by ‘Targeted Anti-Avoidance Rules’. In the detailed rules of tax legislation have considerable amount of creative compliance.

In 1998, a proposal was introduced in the statutory of GAAR, later it was rejected after discussions. It happened due to no words could be accepted as flexible and acceptable as the judicial language. However, it was considered by the representative of taxpayers. Whereas the revenue authority had not considered it because all the amendment were failed to prove a principal. The Taxation schemes and the amendments are highly complex and aggressive which is being continued. In the UK’s retrospective legislation still needs more modification (Hayward, 2014).

The UK government is looking for the change in the Tax avoidance rules.  The government has already started to work on it under the guidance of UK’s top barristers. The rules have been rejected by the business and professional communities.

The principals from the case of Inland Revenue Commissioners vs. Duke of Westminster Case are not so relevant in current taxation system of Australia.

Answer 5

The given scenario predominantly confronted the distinctive problems that won if there should arise an occurrence of capital assessment gains. Therefore, the best possible field for venture was not in the slightest degree decided as there were no bits of confirmation for offering cost and price tag. There were no arrangements for speculation for which the capital gain tax will be resolved (Philipps, 2015). The financial specialists are not getting proper data with respect to the capital additions. The scenario did not have any impact on the diverse parts of capital gains. The diverse parameters of capital gains charge predominantly centered on the offering cost of offers, stocks and property. It is for the most part charged on various capital increases, which might be here and now or long haul in nature. Then again, there are sure exceptions that are found if there should be an occurrence of capital pick up assess. Under different conditions, the price tag of the advantage might be seen significantly higher than the offering cost. Consequently, the individual who is occupied with the movement of paying the charges can use the different arrangement of capital misfortunes so as to kill the different impacts on capital additions. In specific circumstances, the capital additions charges are brought down with the end goal of diminishing the different liabilities for tax assessment (Verdier & Voeten, 2014). Advantages of problems of tax assessment were accomplished with a specific end goal to decide the net gain or loss of the benefit. The scenario takes a prompt more gain in the event of tax assessment for gain of income. The single amount sum for $50000 will along these lines be used to full impact remembering, the different tax assessment advantages in coming period. The diverse parts of capital profit and tax collection caused a colossal impact during the time spent diminishment of minimization of expense risk. Despite what might be expected, the diverse parts of capital pick up charge on individual resources have assumed a significant part in limiting the pick up on capital that may demonstrate deadly in specific circumstances.

Reference list

Auerbach, A. J., & Hassett, K. (2015). Capital taxation in the twenty-first century. The American Economic Review105(5), 38-42.

Bogenschneider, B. N. (2015). Manufactured Factual Indeterminacy and the Globalisation of Tax Jurisprudence. UCLJLJ4, 250.

Boll, K. (2014). Mapping tax compliance: Assemblages, distributed action and practices: A new way of doing tax research. Critical Perspectives on Accounting25(4), 293-303.

Burman, L. E., Gale, W. G., Gault, S., Kim, B., Nunns, J., & Rosenthal, S. (2016). Financial transaction taxes in theory and practice. National Tax Journal69(1), 171.

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