Nobody downloaded yet

Australian Company Law - Essay Example

Comments (1) Cite this document
Summary
This paper contains the answer to the next assignment: Your managing partner has handed you the decision of The Congregation of the Religious Sisters of Charity of Australia & Ors v The Attorney General in and for the State of Queensland. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.3% of users find it useful
Australian Company Law
Read TextPreview

Extract of sample "Australian Company Law"

Download file to see previous pages In the case of The Congregation of the Religious Sisters of Charity of Australia & Ors v The Attorney General in and for the State of Queensland [2011] QSC 100 , the Bedford Trust was a gift of land made by Mary Josephine Bedford in February 1952 to the Religious Sisters of Charity of Australia for the purpose of building of a hospice for the “sick and dying who are poor”, to be called Mount Olivet Hospice. It was also to be built to commemorate the life and work of Dr. Lillian Cooper.

2. What terms of the trust were not being fulfilled?

- The evidence establishes that the terms of the trust are not presently being fulfilled in two substantial respects. First, the Mount Olivet Hospital now does not only provide palliative care but more general care. Secondly, admission is not restricted to those who are “poor”.

3. What was the applicant seeking from the Court?

- The applicants sought Declarations concerning the purpose and structure of the Bedford
Trust, Orders under s 106 of the Trusts Act 1973 and Orders relieving the applicants from liability for breaches of the Bedford Trust.

4. What breaches of the Bedford Trust had occurred?

- No funds were transferred when the trust was settled, and the Congregation became responsible for meeting the costs of both building and operating the hospice on the land which had been donated by Miss Bedford. 5. Were the terms of the trust altered? Explain - Section 105 of the Trusts Act provides: “105 Occasions for applying property cy pres (1) Subject to subsection (2), the circumstances in which the original purposes of a charitable trust can be altered to allow the property given or part of it to be applied cy pres shall be as follows— (a) where the original purposes, in whole or in part— (i) have been as far as may be fulfilled; or (ii) can not be carried out; or (iii) can not be carried out according to the directions given and to the spirit of the trust; (b) where the original purposes provide a use for part only of the property available by virtue of the trust; (c) where the property available by virtue of the trust and other property applicable for similar purposes can be more effectively used in conjunction, and to that end can suitably, regard being had to the spirit of the trust, be made applicable to common purposes; (d) where the original purposes were laid down by reference to an area which then was but has since ceased to be a unit for some other purpose, or by reference to a class of persons or to an area which has for any reason since ceased to be suitable, regard being had to the spirit of the trust, or to be practical in administering the trust; (e) where the original purposes, in whole or in part, have, since they were laid down— (i) been adequately provided for by other means; or (ii) ceased, as being useless or harmful to the community or for other reasons, to be in law charitable; or (iii) ceased in any other way to provide a suitable and effective method of using the property available by virtue of the trust, regard being had to the spirit of the trust. (2) Subsection (1) shall not affect the conditions which must be satisfied in order that property given for charitable purposes may be applied cy pres, except in so far as those conditions require a failure of the original purposes. (3) References in subsections (1) and (2) to the original purposes of a trust shall be construed, where the application of the property given ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Australian Company Law Essay Example | Topics and Well Written Essays - 3750 words”, n.d.)
Retrieved de https://studentshare.org/law/1390868-australian-company-law
(Australian Company Law Essay Example | Topics and Well Written Essays - 3750 Words)
https://studentshare.org/law/1390868-australian-company-law.
“Australian Company Law Essay Example | Topics and Well Written Essays - 3750 Words”, n.d. https://studentshare.org/law/1390868-australian-company-law.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
kk
kkshlerin added comment 1 year ago
Student rated this paper as
This document saved me today. I liked the style. It was very useful for my law course.

CHECK THESE SAMPLES OF Australian Company Law

AUSTRALIAN CORPORATIONS LAW: GENERAL

...in the electric engine is consistent with the duty to take account of the impact of the company’s operations on the community and the environment. Unlike S. 180 of the Corporations Act 2001, Section 172 of the Companies Act 2006 mandates that UK companies act in a manner that is consistent with stakeholder interests. Therefore under the Companies Act 2006, the directors would not be found to be in breach of their duties as they are only acting in a manner consistent with Section 172 of the 2006 Act. Bibliography Textbooks Clarke, T. International Corporate Governance: A Comparative Approach. (Psychology Press 2007). Latimer, Australian Business...
8 Pages(2000 words)Research Paper

Australian taxation law

...? [Manager] 28 May AUSTRALIAN TAXATION LAW The fringe benefits tax liability of Chatswood Pty Ltd for the year ended 31 March 2011, shall be based on the ‘Higher gross-up formula (type 1), which means that the higher gross-up formula was introduced to avoid allowing employers the benefit of GST credits for goods and services purchased for the private use of employees. The higher gross-up rate effectively recovers the GST credit you can obtain in providing a fringe benefit. The following formula is used to calculate the higher gross-up rate:’1. Type 1 FBT rate + GST rate aggregate fringe x ______________________________ benefits amount (1 – FBT rate) ? (1+GST rate) ? FBT rate Hence, the following benefits...
8 Pages(2000 words)Assignment

Australian Company Law

... Australian company law Question one: Answer Partnership business in Australia is governed by several laws including the Partnership Act 1895(WA) of Western Australia. Other guiding law provisions of a partnership business include Business Names Registration Act of 2011. Partnership business can be defined as an association between two or more persons with a shared objective of making a profit. Partnership business is not a separate legal entity and partners are personally liable for the debts and obligations of the business. Tom and Adam are in a partnership business even though no written agreement has been made. Partnership business can be established through written partnership deed, orally or by estoppels through the actions... in the...
6 Pages(1500 words)Essay

Australian Law

...The Role of The Parliament and the Courts in the Law making process In Australia, the parliament and the court work had in hard in making new legislations. The court cannot function until the legislature creates rules in accordance with the constitution that make it to go into effect. However, after the courts have been created, the legislature activities get to be thoroughly scrutinized by the courts to ensure that they it do not involve in dealings that are not in the interest of the common citizens. This means that although the legislature had the power to make laws governing the land, these decisions can be challenged in a court of law. Legislative issues arising from the legislature...
4 Pages(1000 words)Coursework

Australian law

...? The Liability of Accountants and Auditors – Just How Vulnerable are these Professionals to any negligent action Under the Australian Consumer Law or at the Common Law? Name University Course Tutor Date What is Professional Negligence? And The History of Negligence Law in Relation to Professional Advisors One of the most important advancements in the laws governing professional negligence was the establishment of duty of care in negligence laws under the land mark case of Donoghue v. Stephenson that saw the decomposing remains of a snail found in a ginger beer bottle mark the beginnings of modern laws on negligence. In...
4 Pages(1000 words)Essay

Australian taxation law

...+ PART A EXPLAIN briefly and VALI by reference to appropriate sections of ITAA 97 andappropriate Case Law as to whether the individuals listed below are residents of Australia for taxation purposes For an individual to qualify to be an Australian resident for taxation purpose, that person must have lived in Australian for the entire life or have moved in to stay in Australia. Further, one can also become a resident after being in Australia for more than half of the income year and if he/she is an overseas student who enrols to study a course lasting for more than six months. 1. An Indian IT consultant who accepts a four month contract of employment in Australia between January 2013 and...
4 Pages(1000 words)Assignment

Australian Law

...?Australian Law Discuss why the decision of the High Court that a recently enacted Statute is unconstitutional would be seen by the Government more as a serious set-back to its legislative reform programme than a decision by a Judge of the Supreme Court interpreting the meaning of a key provision in the Statute in a manner contrary to the Government’s intentions, as demonstrated by the speech of the Minister concerned, when he/she introduced the proposed legislation in Parliament. Introduction: The Australian High Court is the Supreme Court in the hierarchy of Courts in Australia and also the last Court of Appeal. It has both appellate and original jurisdiction, the authority of judicial evaluation over laws and regulations passed... system...
3 Pages(750 words)Essay

What, if, any are the logical fallacies inherent in current australian law which permits company directors and officers to evade liability using asset protectio

... and to evade taxation from the government, against the laws. The logical loopholes in the taxation system and legal proceedings have to be filled. Inherent unfairness to creditors in these laws has created many lawsuits and legal ramifications. The logical fallacies inherent in current Australian laws which permits company directors and officers to evade liability using asset protection devices have to be reformed and measures for the same have been suggested. WORKS CITED “Asset Protection Law/Estate Planning Law/Bankruptcy Law”. Navado Lawyers and Solicitors. 2001. 16 May, 2008. < http://www.navado.com.au/Practice-Areas/Asset-Protection-Law-Estate-Planning-Law-Bankruptcy-Law/> “Asset Protection: the ground rules are changing... in their...
13 Pages(3250 words)Essay

AUSTRALIAN Company Law - the 4 step process and short answer questions

...AUSTRALIAN COMPANY LAW Step Identify the area of law and the legal issue The current case under study is embedded directly in the Partnership Act of Australia. The issue looks at whether or not Catering WA can apply its internal constitutional provisions to hold Jasmine accountable for breaching the internal partnership provisions of the company as enshrined in the company’s constitution. Step 2 – State and explain the relevant law Under s17 of the Partnership Act 1963, it is stated and enshrined that: (1) If a partner in a firm other than an incorporated limited partnership who is a trustee improperly uses trust property in the firms business, or for the firm, another partner in the firm is not liable for the trust property... to the...
6 Pages(1500 words)Essay

Assignment Two Option 3

...Introduction This paper examines important elements of Australian Company Law. This is done by critically evaluating a case that involves an issue relating to ethics amongst the management of an Australian company. This report will provide important insights into the issue in a critical manner. It will evaluate the issues in the context of the relevant Common Law principles, conventions and statutes that are relevant to the case. ISSUE ANALYSIS From the case at hand, Red & White Limited has been involved in a hastily organised meeting that led to the quick and non-through evaluation of documents prior to the acquisition of Phillips Glass Property for $75 million. This provides a set of issues and matters that must be examined... and...
10 Pages(2500 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Australian Company Law for FREE!

Contact Us