The Australian Administrative Tribunal was set up under the AAT Act 1975 (Cth) and this enabled the function of review to be centralized in a single federal body, for the purpose of reviewing decisions independently, thus providing for a uniform standard to be applicable in all jurisdictions. This enables aggrieved individuals to challenge Government decisions.
The common-law concept of set-off is a right, not the lien. The roots of both these concepts lie in Equity. Both primarily aim at ensuring that the claims of both the parties to a dispute are settled. Both legal and equitable liens and set-offs, in their true sense, arise by the operation of law or equity.
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If Mandy were to rely on the behaviour of Andy she is more likely to be successful as she could point to the fact that he has previously had a problem with drugs and had to go into a rehabilitation clinic. She could use the fact that he is now behaving in the same manner as he used to when he was taking drugs before.
The Land Registration Act 2002 preserves the general boundaries rule that the filed plan boundaries will not be conclusive. Section 60 of the LRA 2002 provides that a boundary of a registered estate as shown for the purposes of the register is a general boundary unless it is shown as having been determined.
Cultural relativism places no expectations on the observer. However, taken to its logical extremes, cultural relativism is a weak argument to base truth upon. As Krausz states, "The extreme relativist might hold that each belief is as good as another because each belief should be judged according to the unique circumstances of its appearance".
Economic governance is improved with greater fiscal transparency and fiscal stability as this highly improves the functioning of government sectors and facilitates improvements. The socioeconomic environment is largely improved for the private sector if there is complete transparency n the fiscal and budgeting processes.
From the time Australia was inhabited, minerals have become a natural part of its way of life and progress. Its first miners – the Australian aborigines, who used minerals in coloring their paintings in ancient rock, which was integral to their heritage, had in fact been mining the land for more than 40, 000 years even before the First Fleet of English colonizers landed on Sydney Harbor.
The author states that to understand Madoff and his illegal practices it makes sense, to begin with, an example and explanation of exactly what is a Ponzi or “pyramid” scheme. The scheme takes the name of Charles Ponzi, an Italian born criminal who in the early 1900s duped thousands of New England investors into putting money into a scheme.
Routine Activities theory explains crime rates and trends. It shows how a victim’s behavior can influence criminal opportunity. It suggests that victimization risk can be reduced by increasing guardianship and reducing target vulnerability. Research focuses on the opportunity to commit a crime, effect of police, population shifts, and crime rates.
The author states that King’s Hospital had missed to draw up an explicit policy on managing the space outside the food service establishments, namely it had placed no warning signs next to trash bins and other potentially hazardous arrangements, nor had a sufficient number of custodians to clean up space.
In the UK, acts of euthanasia and assisted suicide are crimes and are prosecuted under criminal law. The courts look for the elements of intention and causation, during the process of attaching legal liability. These factors are neither clearly defined not consistently described, in the context of patients whose death had been caused by physicians
The Commission called for responses from various interested bodies regarding the need of the proposed Regulation. So as to eliminate the obvious defects of the existing regulations and harmonize the law relating to matrimonial disputes, EC has now brought out a new proposal for a Council Regulation which seems to have been received well
Adjudication especially meant for construction contract has been purposely provided for as a stop-gap arrangement for relief to the aggrieved party so that, if necessary, the adjudication order can be challenged. Adjudicators are therefore ideally technically qualified so that they can replace the expert determination requirement.
The author states that the parties involved in this case include Leighton Contractors Pty Ltd or “Leighton” which is the principal contractor in the project involved and the appellant in the first appeal; Downsview Pty Ltd or “Downsview” which is a company contracted by Leighton under the ‘Works Contract’.
In the last few decades, several developments have been made in the promotion of fire safety, its design and its engineering. In recent times, several technological systems have been developed in order to promote fire safety. It is also needed in order to manage and control the atmosphere and surroundings of the building.
High levels of relationship between workers and management are likely to be consistent with greater reliability of production and quality of productivity, which in turn would strengthen the organizations market position. Therefore, employment relation is one of the most important areas that need to be invested (Rollinson 1993).
The author states that the choices of methods are inextricably linked with these theoretical concerns as well as the epistemological preferences of the one conducting research. Within this framework, the relevance of qualitative analysis is discussed with particular references to studies those have made use of them.
The Joint Operating Agreement basically has two principal functions. The first one is to document the proportion of shares and responsibilities that have to be fulfilled by the different contractors. This function of the JOA is there to determine the responsibilities that are relevant to the interests of the participants.
Corruption in law enforcement is unquestionably a severe problem. Several law enforcement agencies have become quite challenged with corruption that the general public regards law enforcers as dishonest. Several authors have proposed that the initial step toward a law enforcer becoming dishonest is the receiving of briberies or tokens.
The structure and the operational rules of House of Lords have been clearly set through the British Constitution; these rules cannot be changed or alternated unless reform of the British Constitution is initiated; in practice, alterations on the House of Lords membership have been introduced.
EC competition law is one of the fundamental policies of the Community and is mentioned in general terms in the preambles and Article 2 and 3 of the EC Treaty. The principal provisions of EC competition policy are enshrined in Articles 81 and 82 of the EC Treaty[ Ibid. ]. Article 81 governs prohibited agreements and practices.
As discussed above Article 36 of the implements removal of duties, quotas and quantitative restrictions on the free movement of goods in the Community. However, the purpose of the MEQR provision is to prevent restriction on free movement of goods and not to guarantee profit in any particular EU territory.
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The author states that through time and motion studies, science was brought into each and every facet of work by reducing the need for human intervention, to as great a degree as possible. This was aimed at maximizing worker capacity and profits by ascertaining the most scientific and optimum method of producing a product or performing a task.
The author states that crime mapping is a term in policing and a law enforcement tool that refers to the process of carrying out spatial analysis of crime problems as well as other police-related issues using a geographic information system. It is a sub-discipline of crime analysis that focuses on identifying hot spots.
This research established that the initiatives and measures taken by local law enforcement agencies in the U.S. have been largely successful, but some of them are inappropriate and need to be abandoned or improved because they result in harm to some innocent groups of people in American society. Terrorism has become the most serious threat.
According to the paper, intimate partner crime can be defined as physical, emotional, psychological and sexual abuse that takes place between intimate partners. This issue does not belong to any one society or country as it belongs to every society and all over the world. It needs consideration and preventive steps taken by authorities.
The paper defines juvenile delinquents and the types of crimes that they commit. Additionally, the paper discusses the roles of homes and schools in children’s delinquent activities. Children are most often influenced by their relationships both at school and in their homes. Their relationships and associations influence their daily behavior and attitudes.
From this paper, it is clear that the Royal Society for the Prevention of Cruelty to Animals or RSPCA had actively participated in all-out efforts to protect animals, established shelters and founded veterinary hospitals for animals. It campaigned for the humane transportation and slaughter of animals.
In August 2008, as Russian tanks rolled into Georgia, many people in the world heard for the first time the names of two breakaway enclaves called South Ossetia and Abkhazia. These remote and impoverished parts of Georgia have had a long and conflicted history, in some ways similar to their Caucasian neighbors and in some ways different.
According to Ahmad (1997), FOC represents “the flags of comparative advantage”, the use of which is highly appreciated today. The general idea of the incredible current expansion in Flags of convenience is that some states develop the environment of comparative advantage giving the permission to register foreign ships under their flag.
This paper discusses a wide variety of topics that involve forensics and crime scene investigation. Handwriting identification, fingerprinting, drug testing, polygraph tests, DNA typing, and the identification of firearms are among the many topics that are discussed in great detail.
Article 4 of the Vienna Convention on the Law of Treaties states that the convention applies only to treaties that are concluded by States after the entry into force of the present Convention. The present treaty was concluded in 1994 which is 9 years after the effective year of enforcement of the Vienna Convention on the Law of Treaties.
There would apparently be challenging tasks in identifying and implementing such a section, but it appears in principle the most favorable means to do justice to what are, this paper claimed, the rightful demands of the political community on its citizens, as well as victims, to fulfill their role in responding to public offenses
The civil and natural rights of the individual, when violated, shadow the integrity and ethical values of the world. While it would be simple to limit this discussion to one nation, the issues of violation of these rights in other, are tied to each other as the world has become a global community.
The conference on diplomatic relations held on April 11th, 1980 for the adoption of the followings of United Nations Convention on Contracts for International Sale of Goods is seen to be the result of the study initiated by United Nations Commission on International Trade Law. The Convention came into force on January 1st, 1989 in Finland.
This research tells that the plaintiff’s claim arises out of an investment placed in the purchase of a landfill in Sonora, Mexico. The auction involved the sale of assets relative to Cytrar, a hazardous industrial waste landfill. The landfill came with a renewable license that the Mexican government refused to renew beyond 1998 and ordered the shutdown of the landfill.
According to the paper, this organizational structure is bound to lead to a situation where a nation-state seeks to object to an aspect of international law, either out of reference to traditional customs of behavior between nations, a differing interpretation of statue, or self-interest driven policies of the administration.
The first step is to involve a mortgage advisor to offer an agreement in principle or approval. This illustrates what the provider will likely be willing to lend, basing on specific terms and conditions. Such a step can be helpful when a mortgagor has chosen his mortgage and the property is to be offered.
The experiment was carried out by heating water and placing the fluid in two containers A and B. From the results of the experiment, we could conclude that Newton’s law on cooling is affirmative (Hon 123). However, there were some problems encountered such as measuring the temperature of the water and monitoring the different temperature changes.
It is clear from the discussion that today, concessions are widely used albeit in a different format from the initial forms. Different commentators have broadly classified concession into two categories: the classical concession and the modern concession, the former represents the very first concession (the D’Arcy type of concession) and the latter shows the new form of concession in use.
The author states that to a greater extent neoliberal policy affected social justice in Canada. Canada like any other capitalists country suffered negative notions of neo-liberalism. For instance, the incidence of poverty led to the failure of society as opposed to the failures of individuals.
Author’s conclusion is that, whilst for security purposes a national method of citizen identity is advantageous, the UK Identity Cards Act now in force is an intrusion into the rights of the individual and, furthermore, there is the potential for additional security risks resulting from the methods of implementation.
When any human activity repeatedly threatens the common good, the objective is to put it up for closer inspection so that better understanding of its dynamics would help improve the capability of the government to fight and prevent it. Criminality was given the tag “organized crime” when and have common crime is committed by a group of conspiring hoods.
The Land Registration Act 2002 has made it more difficult for squatters to acquire title to the property by virtue of adverse possession. Previously, squatters could automatically obtain a valid claim to property after 12 years of continuous and undisturbed occupation. The LRA 2002 modified this approach to squatters’ rights.
Development will involve building the substantial structure on the shoreline, establishing a cooling pool in the adjacent waters, building a roadway from the nearby highway A39, and creating wayleaves for powerlines, and easements for drainage and other utilities.
The main aspects, in this case, are the unauthorized use of the wide footpath belonging to the Duke of Monmouth’s Trustees, by the present owner of Primrose Hill Cottage, Geoff, despite legal several warnings issued by them, to a previous owner, Jack, forbidding such acts of transgression. This had no impact on the previous owner.
The following unlawful activities are conducted using the computer, for example, cyber defamation, e-mail spoofing, pornography, forgery, financial crimes, intellectual property crime, a sale of illegal articles, online gambling, and cyberstalking. The computer may also be the target where there is unauthorized access to a computer or system.
The author states that as result freedom of contract is not an absolute right to the extent that parties are only at liberty to agree to terms and conditions that are lawful and consistent with the law of contract, construction law, and practices. Parties to a construction contract may only draft contracts that comply with the court’s expectations.
The author states that in the United States of America, an initiative was taken to check the integrity level of police officers. This initiative involved a fact-finding mission within a sample group that represented a cross-section of the US police force. A sample group of one County Agency and one Sheriff’s Agency were chosen.
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The paper starts with briefly describing the contract law. Then, it moves onto discuss the importance of the contract law and the contracts in the world today. The significance of the law is considered using examples from daily life. After this the paper moves onto concentrate on the effectiveness of contract law.