StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Australian Company Law - Essay Example

Comments (0) 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 PAPER95% 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 (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Australian Company Law

Canadian Corporate Business Law

This was done by virtue of a loan to Ashley in the sum of $300,000 providing Temper with a first mortgage against the suite.
Two politicians invest in Temper, Stefan di Yawn who invests $500,000 in respect of 500 Class A shares and Bob Eh invests $100,000 for 100 Class A shares. In order to secure these investments, the politicians take a security interest in Temper. Shortly after the company experiences some difficulty beginning with Angelina who is photographed spitting on the sidewalks which gets the attention of politician Hillary Squinton who ran her campaign on a clean sidewalks platform. She initiates action against Angelina by taking the matter up with Spitting on Streets Board chaired by Angelina’s boyfriend Br...
11 Pages(2750 words)Case Study

The Marketing Communications Strategy & Mix: Sports Company

Despite the challenges that Adidas met in the 90s from fierce competitor Nike, the company hit the rebound by the end of that decade and has reclaimed its position as one of the leading sports companies nationwide. Considering that the company almost went bankrupt at its lowest point, it managed to rise and compete once again in the market.
With Adidas’ position in the sports apparel industry, this research aims to find out and evaluate the various marketing communications strategies that Adidas has implemented over the years. Further, this research aims to be able to identify which strategy is proven to be most effective, and which did not bring the desired results.

Football is undoubtedly the most popular s...
9 Pages(2250 words)Case Study

Family Law: Breakdown Of Marriage

In general, contesting a divorce is a difficult issue and grounds for divorce are generally allowed by the Courts. If one party makes a decision that the marital relationship is no longer working, the Courts are likely to accept this decision and grant the divorce.

While adultery is one of the important grounds for granting a divorce, John claims in this instance that he has not had an affair with Emma. Possibly, if this was the only issue at stake, he could have contested the divorce. However, there is also the additional issue of unreasonable behavior, which are also good grounds for the grant of a divorce. Isabel has made attempts to get him to see a therapist and has tolerated his depression and withdrawal during hi...
10 Pages(2500 words)Case Study

Company Strategy to the Public Sector

The definition of corporate strategies emphasizes the need for the organization to satisfy the needs of all the stakeholders if the organization is to achieve its overall objective of maximizing shareholder value. Stakeholders include employees, customers and the communities in which the organization operates. Employees, customers, and communities, therefore, have a significant impact on the success of the organization and thus on the corporate strategy of the organization. In formulating corporate strategy, organizations need to identify and priorities strategic issues, which involve scanning, selecting, interpreting and validating information. (Schneider, 1989).
The aim of this paper is to explain the strategy of an organiz...
7 Pages(1750 words)Assignment

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages(1750 words)Case Study

Company Law Issues

Various sections of the CA are coming into force over a staged process and the relevant provision relating to authority is sections 39 and 40, which came into force on 1 October 2007.

Section 39(1) of the CA provides that “the validity of any act done by a company shall not be called into question on the ground of lack of capacity by reason of anything in the company’s constitution”

Additionally, section 40(1) provides that: “In favor of a person dealing with a company in good faith, the power of the board of directors to bind the company, or authorize others to do so, shall be deemed to be free of any limitation under the company’s constitution”.

Section 40 (2)...
9 Pages(2250 words)Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages(1500 words)Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages(2000 words)Assignment

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages(1500 words)Coursework

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages(2000 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