INSTRUCTIONS 1. Answer All Questions. 2. All questions carry equal marks QUESTION ONE Bahati and three of his friends recently retired from the civil service under the voluntary retirement scheme. They intend taking advantage of the on-going structured adjustment programmes (SAPS) by going into business. a) Advise them on the procedures they have to follow in order to register a public company limited by shares. (8 Marks) b) Explain how the procedures
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2106AFE Revision Lecture Questions Question 1 Short Answer Questions: Provide a brief answer including the specific sections and sub-sections that apply under the Corporations Act 2001 (Cth). DO NOT use ILAC method to answer. (a) On 1 February 2012‚ Mr Lawson was appointed as an administrator of Gogo Pty Ltd by the passing of a resolution by a majority of the directors of the company. Upon appointment‚ Mr Lawson convened the creditors’ first meeting on 4 February 2012. Is this a valid
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strict textual approach would incorporate philanthropy‚ particularly with the reasonable forethought of a tax deduction establishing a motive. There is little doubt then‚ that the payment in question satisfies the meaning of ’expenditure’ as in section 4 of the Act. In determining whether the payment in question was indeed directed to a ’political matter’‚ the objective intention of parliament must be ascertained as legislatively mandated by s 33 of the Interpretation Act 1987 (NSW) and preferred
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Bibliography: Textbook · Chen-Wishart‚ Mindy‚ Contract Law‚ (Oxford 2005) · H G Beale‚ WD Bishop & M P Furmston‚ Contract Cases and Materials‚ 4th ed. (Oxford 2005) Cases · Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council [1990] · Foakes v Beer (1884) [1881-5] All ER Rep 106‚ House of Lords ·
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stated that he would soon commence actions against Mr Wu in the Supreme Court of Victoria‚ thus leaving us with much ambiguity as to the applicable judiciary. However‚ regardless of where and before who the matter is heard‚ the substantive issues of law are still the same. Mr Williams is refusing to pay Mr Wu‚ as he is holding him to be in breach of several contractual obligations. Contractual Precedence It seems as though Mr Williams believes that Mr Wu is in breach of contract due to the non-delivery
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rely on the defence of private defence. The defence would operate if the defendant (Bill) thought he was facing an unjust threat from the victim and to avoid such a threat used a reasonable level of force in circumstances. Section 3 of the Criminal Law Act 1967 states that ‘a person may use such force as is reasonable in the circumstances in the prevention of a crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large’. Thus Bill
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It is in this context that E.U. law has traditionally always taking precedence over domestic law. This notion of the supremacy isn’t specified in any of the Treaties‚ but rather it emerged as a legal principle from the European Court of Justice (ECJ) in its 1964 landmark ruling on the Falminio Costa v ENEL case3. The court held that due to the particular nature of Community (now Union) legal order that domestic provisions of Member States must give way to European law. The Court also upheld the precedence
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Table of Contents Question | Page | Question 1 | 1 | Question 2 | 2 | Question 3 | 3 - 4 | Question 4 | 5 - 6 | Question 5 | 7 | Question 6 | 8 – 9 | Question 7 | 10 | Question 8 | 11 | Question 9 | 12 – 13 | References | 14 | Question 1: Problem Set 2‚ Question 1 There are several choices of form of business organization that Mal and Lisa can opt to do their graphics business. If they are to conduct the Smallco Graphics business through a company‚ a very significant of
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incorporate? If so‚ should she adopt a company structure? • Assuming Susan adopts a company structure‚ what type of Liability Company should Susan adopt? Relevant Laws: Form of association: • Consider the possible form of association‚ corporate and non-corporate • Consider comparative advantages and disadvantages of each form of association in the light of facts given. • Remember that there can be many relevant factors‚ not all of them related to corporate law issues. Taxation stamp duty and human
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Sample Tutorial Answers (HBL221N Company Law) To answer all legal questions‚ students are to follow the essential steps of: (1) Identification of the issues in the questions; (2) State the relevant laws that can be used to resolve the issues in the questions; (3) Application of the relevant laws to the facts in the questions to resolve the issues in the questions (i.e. arguments); and (4) Conclusion based on arguments in Point (3). Your conclusion must resolve your issues in Point (1). NOTE:
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