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The duty of care is a legal duty imposed or required from any party that carries out any form of business. Where human beings are involved, the person in charge is required to take reasonable care to avoid instances where others are harmed. A premise is supposed to identify reasonable and likely risks of harm and in turn, take reasonable care as a response mechanism.
The Income Tax assessment Act is the main source of law governing matters relating to tax in Australia. The act was formulated in 1997 as an amendment to the previous Income Tax Assessment Act of 1936. The Act comprises 8 main sectors which govern the major aspect of taxation. This facilitates the collection and distribution of tax within the country.
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The aim of the briefing is to discuss the position of Papua New Guinea (PNG), Bougainville, and Australia in terms of their treaty obligations and their obligations under international law. International law is the law governing relationships between states, the rules emanating from the free will of states expressed in conventions or treaties and usages for a common aim.
Saudi Arabia applied for WTO membership in 1993 and thus its accession took 12 years. This was the second longest accession period after China which took 14 years. While WTO membership is seen as an opportunity to increase trade, for heavily trade-oriented economies this advantage is hardly noticeable.
CISG is an acronym for the United Nations Convention on Contracts for the International Sale of Goods (1980). According to the Pace Law School Institute of International Commercial Law (2007), the CISG is a legal convention that governs international trade, especially between two different states, with the objectives of promoting international trade and removing legal barriers.
In tort, one party can make claims against another for damages he sustains due to the actions of a third party, in spite of whether a pre-contractual relationship exists. In this situation, a party may be held liable for damages caused by a third party in a range of circumstances. Basically, the tort of negligence is based on the need for individuals to show common humanity to others.
It is clear that the usual routine of the store staff in Coles supermarket is cleaning the supermarket while cleaning up any spilled liquids as soon as they are discovered, and further checking for the spillages on opening at 6 am and then at 10 am, 2 pm, and 6 pm. Though no staff is said to have been around the scene when the customer dropped a glass jar of honey, the sound of the fallen glass must have raised alarm to the store staff.
The level of sexual harassment in Australia is at its highest and that is not only a one-off incident but generally impacts negatively on the motivation of employees and the emotional well-being of those working in that organization. Sexual harassment conflicts affect more women than men who have been subjected to one or more forms of sexual harassment than men.
In this research involving both empirical and theoretical studies, Jyothi has attempted to examine issues of occupations, paid employment, and justice in relation to the employment of people with disabilities. The author ascertains that employment plays a major role in ensuring that individuals feel accepted in society and in creating a sense of inclusion or identity.
The author focuses on the strategies applied by the New York Police to reduce crime in instances where psychological and social problems are intertwined. The author argues that if the police would focus on controlling minor offenses like prostitution and graffiti then it is easy to control serious problems such as violence, and as such reduce fear among communities.
In this case, the parties include Mr. Kindle and Mr. Byrnes and Mrs. Byrnes. Mr. Kindle and Mrs. Byrnes married in 1980 and later divorced in 2007 while Mr. Kindle was still the registered proprietor of the house at Rachel Street. They both acquired knowledge on Acknowledgment of Trust and both decided to be registered partners in 1997.
The matter touches on foreign issues and laws. According to Rule 5.05 (a), of Texas Rules Disciplinary Rules of Professional Conduct, it is prohibited to opine on foreign laws to a client. Following this restriction, the law firm is unable to advise the company on the steps that it should take in order to incorporate the firm in Australia and New Zealand.
It is essential to state that the proceedings were a direct examination of the last witness of the prosecution, Inspector Collins Richards from the Sydney Police Department. Inspector Richards testified about the conduct of the accused and the statement he gave with respect to the allegations made against him.
The corporate act outlines laws that govern the formation and operation of different forms of business including partnerships, trusts, incorporated associations, co-operatives, and companies. As such, the formation and operation of either of these businesses must meet a set of requirements outlined under the law.
Courtrooms have the function of presenting the public with an opportunity to defend themselves in case a conflict arises between them and other parties. In contemporary society, everyone acknowledges the power and functions of a court of law. Courts are ritualized places where disagreements are settled amicably through the use of prescribed legal procedures as enshrined in the books of law.
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The essay will also review the impact of these agencies on the workplace and the practice of radiographers (Australian Institute of Radiography, 2014) finally; the essay will discuss inter-agencies relationships. The registration bodies especially those under National registration and accreditation must meet the registration standards for the board for them to include in the system (Herdman and, Roger, 2012).
There are necessary steps to be taken for complete risk and liability management for the tender. The Department of Information (hereafter referred to as DI) has to ensure that Crafty Builders (CB) see the project as an integral part of the department. In turn, there should be presentations and discussions focusing on aspects of departmental offices.
This essay will analyze the elements that are necessary for suing a person based on negligence. In the scenario provided, Josh was injured because the staff who were working in the supermarket failed to perform their duties according to the policy of the supermarket. This is a business law case and it is supported by a number of factors.
The claim is erroneous by asserting that individuals can sue big emitters and the government in court. Generally, the treaty does not at all set binding limits to individual countries on greenhouse gas emissions. Eventually, a country can only use it at its own will or use it to supplement the jurisdictional rules.
Intellectual property laws in Australia are aimed at protecting the authors and copyright holders so that infringement of their works does not take place. The Copyright laws in Australia are closely related to the British copyright laws. The Australian Copyright Act 1968 defines the enforceable rights of the creators of creative and artistic works.
In Victoria, the Administration and Probate Act 1958 (Vic) plays an integral role in the redistribution of the properties of the deceased. Part IV of the Act is applicable in determining the people who are eligible for the redistribution of the properties of the deceased. The use of the Act in Victoria is different from the other jurisdictions in Australia.
Taxation law played a prominent role in the media report because it involved the Australian Taxation Office, which had caused the issuance of a freezing order against the owners of the unfinished mansion. The tax liabilities of the Oswals gave the ATO, under taxation law, the authority to apply for a freezing order, and because of this, the Oswals are prevented from dealing in their property.
The increased number of under-aged youth in the streets of Northbridge in Australia had raised concerns about the welfare and security of these children. Children under the age of 18 years are supposed to be taken care of by their parents or guardians so that they can be given the appropriate care (Hughes & Thompson, 2009).
Northbridge curfew was declared by the labor party prime minister after considering the behavior of underage youth who were mostly aborigines. The curfew was in line with the Children's Welfare Act 1947 which gave authorities to correct children. The curfew brought mixed feelings among the residents but it was beneficial in the long run.
While with Kim in a boxing match, he lies to Kim that his mother was there so as to distract him from the game. As a result, Kim turned and got distracted. Tony then punched him in the face and gave him a big bruise on the right cheek. He got furious at Tony’s trick and planned for revenge the following Saturday.
The Baillieu government provides such specialist courts in creating room for justice and reforms for the less advantaged members of the society. All the special courts are functional to the community and the minors who require instant attention. Although these special courts may seem to be so small in function, they contribute a lot to the administration of law and order in all aspects.
There are different types of laws that govern children's services. These laws include common law, civil law, international law, family law, and human rights law. Duty care is a term that refers to the obligations in regards to both the employer and employee have to each other and those under their care. Therefore, the duty of care is a requirement.
Advertising is an important aspect in the promotion of products or services through communication thereby leading to increased sales volume. Nevertheless, in certain circumstances, various advertisements have been found to be unethical and misleading. For instance, firms such as GlaxoSmithKline have been fined in countries such as the US, UK and China for engaging in unethical marketing and advertising.
Malcolm, the owner of an award-winning rabbit and tropical fish, telephones Georgia, a home pet care service provider, as he has to visit another city for a week. During her visit to his house, Malcolm informs Georgia that his rabbit is expected to win $10,000 at a rabbit show to be held in Melbourne.
The individuals’ efforts from all spheres of life need to be appreciated and supported as well as the services and the various institutions within the particular community offer. To conceptualize this point, social capital comprises trust and reciprocity among groups in terms of the values and norms that foster peace and cooperation.
Generally, the paper seeks to analyze the amount to be included in John Jones’ assessable income. Taxable income is the assessment subject. John Jones operates a small business and thus the most basic aspect of income derived from his business activities is a receipt thus Jones should use a cash basis.
The ending economic crisis was caused by excessive risk-taking by executives. In order to restore public trust and confidence in publicly traded companies the corporate governance framework needs to be strengthened and revised. Good corporate governance is the cornerstone of effective operation in free markets and plays a huge role in wealth creation.
As pointed out by Woellner et al. 2012, capital gain tax is charged when one sells or disposes of assets which include both tangible and intangible assets. This contributes to revenue for the country but in case a person makes a loss then they are not liable to pay tax on the capital loss. According to the Australian tax laws, computation of capital gains enables one to meet their capital tax obligations thus being law compliant.
Corporate governance defines a set of systems applied in directing and controlling companies or listed entities. In a narrow sense, however, it defines the rule and regulations used in governing capital markets in relation to public disclosure of accounting or investments in listed entities (Anon, n.d.).
Share market unpredictability among other problems has mostly been a result of none disclosure of debts by different companies. Whenever a person is purchasing shares from a certain entity, he or she needs to know a lot about the particular entity, particularly how it is fairing in the capital market.
In a recent civil litigation case about accident compensation, a company called Ellis Management Services Pty Ltd had appealed against a decision of a court that had ruled in favor of Eric Ross Taylor, who worked for the company. Taylor was granted leave to start proceedings for pain and suffering damages under section 134AB (16)(b) of the AC Act.
Amongst the most inherent right of a taxpayer in Australia just like John is the right to lodge an objection in order to seek a review of the decision taken by the ATO. A taxpayer has the right to seek and inquire for information from the ATO as part of a post-ATO audit review when one needs to prepare an objection to an assessment issued by the ATO office or request a private ruling.
A contract is said to exist when there is an offer and acceptance. By definition, the parties to the contract become obliged to discharge their obligations to the contract after indicating their acceptance of the terms and conditions of the contract. A contract is made enforceable by the terms which are binding to the parties.
The advice would have changed if Rosso had written to the Minister for trade within the stipulated time of 14 days. If Rosso had obtained approval, which was very likely from the Minister for trade, Jade would have still terminated the contract if Rosso fail to deliver as per the specifications and terms of the contract.
This case presents proposals suggested by David. To adopt these proposals, Corporations Act 2001 sets requirements that ABC Ltd should consider when making such decisions. Before embarking on the requirements of the Corporations Act 2001, it needs to be established that ABC Ltd is governed by provisions of the Corporations Act 2001 that apply to ABC Ltd as replaceable rules (see s135(1).
There are set requirements that a company should consider while taking any investment decision. These requirements are set in the Corporations Act 2001. Therefore, ABC Ltd should consider the requirements from the Act if it was to adopt David’s proposal. The company needs to ensure that ABC Ltd follows the Corporations Act 2001 to govern its operations.
Generally speaking, the fact in issue in the scenario is whether the actions proposed by David meet the requirements of the Corporations Act 2001(“The Act”). This is in relation to David’s proposal on ABC Ltd offering Eternal Life Ltd an option to acquire by the issue of shares in ABC ltd for $ 1 million.
Initial studies of literature indicate that there are two contrasting views relating to judgment decision-making and the cause of flawed decision-making among experts as being the biasing effects of judgmental heuristics. In an environment in which there are only a few judgmental cues available, controlled processing is subject to bias.
The main question by legal scholars and academicians is whether there is a high chance or possibility to have objective expert evidence adduced in a court of law. This is why in most cases, expert witnesses commonly known as “hired guns” use their expertise and knowledge to enable the highest bidder to win a case (Andrew, 2003).
Within, this context, the paper adopts a three-pronged approach to assessing refugee problems. The first perspective is the problem that the refugees front with the host nation/ community in terms of economic burden, insecurity, and pressure on resources & physical facilities. Second, is those fronted towards the refugees by the host community or nation such as prejudice, discrimination, seclusion, and a second-class rating?
It is essential to state that Sam Soapbox’s article, ‘We object! B-grade celebrity’s brush with the long arm of the law’ featuring Carey Classless and Justice Darren has drawn significant attention to the conduct of journalists and bloggers with respect to media ethics and Australia’s communication laws.
The unfair dismissal rule applies to Mr. Croissant’s business although there are some limitations. He fired the employees based on the application of the rule. A company that has more than fifteen employees cannot be considered a small business and hence the application of the unfair dismissal rules.
Tom gives Sam information about Carey and Justice Darren which he publishes with an aim of revealing information about Carey. This increases the attention to his articles and Sam even doubles his subscription fees. After Tom refuses to talk to Sam after realizing that Sam is benefiting from the information he provided to him about Carey, Sam decides to use any means to get information to post about Carey so that he keeps his readers happy.
It is essential to state that social media is an important as well as an integral part of the marketing communications industry. It has increasingly become fluid, dynamic and powerful in its potential to capture people’s sentiments and often shape conversations among individuals, about brands and even beyond.
It is evident that Sam breached the Australian Code of Ethics in Media practice by violating Clause 3 which states that Journalists must use fair, responsible and honest means to obtain material. Identify themselves and their employers before obtaining any interview for publication or broadcast. Never exploit a person’s vulnerability or ignorance of media practice (Sadler, 2005).