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‘Article XX of GATT [General Agreement on Tariffs and Trade] permits WTO Member States to act inconsistently with their GATT obligations in order to pursue certain designated policies. A number of developing countries, however, claim that this provision has promoted the use of unilateral environmental, health, and other policies as a means of disguised protectionism’
Bill Smith carries on a business that is valued at $1,500,000, with an aggregate annual turnover of $2,643,557 for the 2011-2012 financial year, with a Capital gain of $886,000. Bill is aged 66 years hence his qualification for CGT Concessions. In the first instance, the disposal of his assets can be considered as a CGT event.
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Common law is also referred to as precedent or case law. Its development is often by judges based on various courts’ decisions. They are opposed to the statutes that are adopted through a legislative process or other regulations emanating from an executive branch. In most cases, the common law system is known to be a legal system that gives massive precedential weight to the common law.
Humanitarian law does provide for protection as well as ensuring the survival of human values as well as the protection of life. The resort to war was considered by many to be the normal way in which persons or states could resolve disputes but this was outlawed by the Kellogg-Briand Pact 1928 as well as the provisions of Article 2(4) of the United Nations Charter.
As mentioned in question 1 On 16 November 2012, Garry Wong received an amended income tax assessment notice dated 10 November 2012 for the 2011-2012 financial year disallowing a claim for overseas travel expenses of $16,000, he should file for a dispute., as a valid claim and within what time must he lodge his intention to dispute the amended assessment.
Occupational safety and health culture, otherwise abbreviated as 'OSH culture', has been a critical area of research since the late 1980s. In Toyota Australia, there are several areas of non-compliance to regulations concerned with occupational safety and health and most specifically manual tasks deemed hazardous for employee health and safety.
In order to determine the taxable income, there needs to be a determination of what the taxable income found by subtracting assessable income from deductions as per sections 4-15 of ITAA97. Income is therefore considered as salary, wages and payments based on them being periodical, recurrent and regular.
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Adoption permits children whose biological parents cannot be able to care for them to be offered a family environment. Adoption is therefore termed as a legal process through which a child-parent relation between the biological parents is detached and a new relationship is established between the newly found legal parents and the child.
Smith is the Chief executive of Retailer Ltd and still owns 10% of the issued shares of Myco Pty Ltd which is a private company run by his wife and brother-in-law. The Board of Retailers is considering tenders by Australian companies for lucrative contracts to supply Retailers with clothing. They had shortlisted three competitive companies and Myco was in this threshold.
When it comes to sports nutrition, the industry is on a constant move to improve on its innovations. This is because of the growing awareness and adoption of sports supplements to not only athletes and bodybuilders but the public, as well. Therefore, it is essential that there be applicable laws and regulations that can protect individuals from these emerging innovations.
Disputes in construction mostly occur due to compounding and escalating factors that lead to a breakdown in the construction process. According to Ramsey and Telford (2007, p. 898), disputes are common in the construction industry and are often caused by delays, rework as well as schedule and cost overruns.
It has been noticed that the most common neighborhood crime and disorder problem in my area of jurisdiction, where I am the sergeant, is break and enter. The crime of break and enter involves dwelling premises such as private houses or commercial places such as offices and business premises (Weatherburn, 2004, p. 3).
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Different jurisdictions have specific consumer laws that protect consumers from illegal business practices by companies. The author of the paper argues in a well-organized manner that the Australian Consumer Law was created to serve this purpose and guide consumers and companies on the appropriate ways of conducting business.
It is really essential to state that drug trafficking is a criminal offense in many countries and may lead to imprisonment for a minimum of ten years. The traveler becomes liable to Aboria’s local law when he arrives there. Once arrested, the Australian Consular cannot be able to get the suspect out.
A corporation is also a company. This means that an entity has separate legal personalities from people who carry out its activities to people who have rights to its own property. Originally different companies could be established through an act of the state. This can be done through an Act of Parliament. The rights of establishing companies vary from country to country.
In the Schmidberger C-112/00 case, Brenner motorway was closed so as to permit a protest against the intensity of contamination to the Alps whose source was the intense traffic on the highway. This closure had been approved by the Austrian government. Schmidberger Transportation Company later claimed that it could not ship goods because it could not access the highway.
International trade law is a set of rules and regulations that govern how the world economies engage in trade as it is stipulated by established world trade governing bodies. These trade governing bodies include World Trade Organisation (WTO), General Agreement on Tariffs and Trade (GATT), (Lester, Mercurio, Davies, and Leitner, 2008).
For the tax payable to Bob and Jenni, the following arguments should be taken into consideration. For the superannuation account contributions, an effective sacrifice of salary arrangements is always taken as the contribution from the employer. These contributions are paid to the employee superannuation fund, which will not amount to fringe benefits.
The enactment of the Australian Tariff Amendment Act results in dissatisfaction of Australia’s bilateral partners, where they view the imposition of tax and implementation of the policy to be contrary to the international law of trade, specifically as postulated by the General Agreement on Tariffs and Trade (GATT).
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When a breach of contract occurs, the law has several options available when arbitrating such a case and the judicial aim in this case is to make right a wrong that has already been done. This often requires putting the parties in the same position they would have been had the contract been performed.
The law of tort is a part of civil law or the law of obligation. A tort is defined as a civil wrong and therefore the law of tort provides a remedy in instances where civil wrongs are committed. Although there are different types of torts, the most common is negligence. Negligence is breaching the legal duty to take care, which results in damage to someone else.
The defendant was accused with a number of charges which included two counts of murder, five counts of exceptional brutality causing bodily harm and unauthorized possession of a firearm. The defendant pleaded guilty to possession of an illegal firearm but pleaded not guilty to murder and brutality.
International humanitarian law comprises many subsequent treaties, customary international law, and case laws that regulate the conduct of armed conflicts. It also defines conduct as well as responsibilities of neutral nations, belligerent nations as well as all individuals who engage in warfare. This is in relation to one another and to other protected persons which often means civilians.
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In a criminal justice context, it can be described as the reversion of a person to criminal behavior after they have been convicted of an offense before, sentenced, and corrected. Recidivism occurs when any one of the following kinds of events takes place during the initial two years of the offender being in the community.
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The IHL and the IHR have developed specific procedures that are aimed at imposing specified types of obligations on individuals and non-state actors (United Nations Human Rights, 2011). This is because of the fact that individuals can be responsible for human violations hence the need to hold them accountable.
A building contract does have the essential elements of a contract and any breach whether anticipatory or not, does give rise to potential legal issues. The legal framework that informs the regulation of building contracts in Australia is quite exhaustive to give the guidelines and rules to be followed.
The beauty pageant concept was first introduced by B. T. Barnum in his popular circus. This concept was later developed as casino attractions in various cities such as Atlantic City. Further development led to the establishment of Miss America and Miss USA. Child beauty pageants were developed in the 1960s, and they adopted the characteristics of adult pageants.
The title of the articles about to be discussed is called property briefs which have been written by Ainslie Chandler and Ben Wilmot. The date of publication is 28th September 2012 and the name of the newspaper is financial review. Both articles seek to find the duties of directors and their replacement in relation to corporate governance in the companies discussed.
The purpose of the idea is to ensure that mutual trust and confidence are sustained by both parties to the contractual agreement. Other parts of the world like the United Kingdom and New Zealand have managed to accept such a term clearly depicting that such duty is implied in the employment contracts by the law.
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Consequently, as a central concept in the practice of international nursing dominated extensively by nursing concepts and theories from western countries, advocacy has gained elevated eminence in Europe, America, and the Asian-Pacific region with the rights of clients being underpinned in both legislations as well as healthcare reform policies.
There is a need for good faith in the engagement between the policy provider and the client in two-way traffic and not caveat emptor approach. Each party has a tortuous duty of disclosure by avoiding fraud and misrepresentation. One party in the contract can renege the contract based on the fact that before the conclusion of the insurance contract, the other party did not disclose full details.
Charlie and Harley do not have any legal grounds to take action against Max for the failure of their business. This is because the case involving Max and the two guys is not based on any legal terms and it cannot be ascertained that it is Max who contributed to the failure of the business through his actions as outlined in the law of tort.
Bob cannot make a substantially self-employed contribution to super because the superannuation act dictates that, legibility must be attained on this contribution by seeking a part-time job upon retirement (Beal, MacKeown & Davidson, 2001). It is imperative to note that, this condition is not workable on Bob’s choices since he is not ready to take up a part-time job.
Liability arises on the basis of either being an employer or a body corporate as well as is vested on an individual vested with the task of ensuring that the work adheres to safe and healthy standards. Even though the Act gives an employer the task of ensuring that the workplace is safe, a worker ought only to expose themselves to a reasonable task, and ensure that they are not exposed to risks.
According to the case, as presented, both Smith and Jones have not fully discharged their duties to Retailer Ltd as part of its directors. This is from both the ethical view, as per the constitution of the company, and as per the corporations act. Their misconduct should have been avoided. Smith is the Chief Executive of Retailer.
Nonetheless, despite the justifications given to justify the utility of these generic models in the risk management processes of different organizations, it is imperative to be cognizant of the fact that they are endowed with several shortcomings in the risk management processes of various firms.
The directors are required to avoid conflicts of interest with the company and disclose circumstances that may lead to such conflicts. Honesty and integrity are also important since shareholders trust the directors with the day-to-day running of the organization and dishonesty would breach such trust.
The established legislation for dealing with this kind of assault is lacking and does not adequately ensure that justice is served for these victims. As a result, there is a need to establish legislation for ensuring that there is no prevention of the sense of justice for the offender and the rest of society.
Directors acquire a lot of knowledge and power through their offices as long as they remain longer in that mentioned company. Due to this powerful position, it is easier than not, for their powers to be abused in one way or the other. Directors have been known, for example, to abuse their powers in office for their personal gain.
This is because society is structured in such a way that it creates an environment that facilitates crime. Crime, according to Braithwaite and Drahos (2002), is the process of violating the existing criminal laws that have been enacted by the state or the authority or the federal government. Norms can be described as culture or value.
Research indicates that variations to the scope of a building and construction project are common since no project is considered to be impeccable, and thus changes are expected to face unforeseen situations or changed requirements. This implies that variations in building and construction projects can occur in different forms such as additions, substitutions, or omissions.
The essay is focused on the basis of the function of a prison as a correctional facility or institution for offenders. A prison's aim is to aid the judicial arm of the government in dealing with juvenile and adult offenders as well as integrating them back into society. The treatment accorded to them, a focus on the system of sentencing and imprisonment tendencies shows the risks of reoffending.
Guido (2001) defined law as the total of policies and regulations with which people are organized (p. 2). To him, the law is constructed by the people and exists for everyone. Hurt (1958) in his article used the law to mean an order that is uniquely different from common law. Hurt goes further to criticize the German Nazi law as lacking a basement for its legality.
Community ranks groups of individuals in a bureaucracy through social stratification, which is dependent on four primary principles: It is a feature of the community, not simply an expression of personal variations, it takes on from creation to creation, it is worldwide but varying, and it includes not just inequality but values as well.
The author of the paper argues in a well-organized manner that the said Dr Benefico, who has since ceased his medical practice seems to take the blame, however on the other hand Bella gives herself a portion of the blame. What are the appropriate remedies for Nessie against Dr. Benefico or the UWS Medical Clinic Pty Limited?
It is really essential to state that the Family Law Act of 1975 was amended and as of 7th June 2012 in order to give priority to children in cases of the child’s best interests when it comes to parenting. These changes were designed to keep the child from harm and determine the child’s best interest.
In recent years, organized crime in Australia can be described as more complex and sophisticated. This is due to the manner in which organized criminal groups have transformed their operations in ways that expand their reach and further make it difficult for law enforcement agencies to combat their activities.
Teachers owe students a duty of care. Duty of care and tort law is enshrined in the common law to oversee concerns of negligence and subsequent actions (Imber & Geel, 2011). According to the Western Australia Department of Education (WADE), teachers owe a duty of care to students under their care, supervision, and control for their safety needs. With such a background, this paper attempts to discuss and apply the WADE Duty of Care Policy to teachers.
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Restorative justice embraces the results of a crime to both the victim and the offender and goes ahead in trying to improve the relationship between them. However, the process is not always appropriate but those who make the decision of participating in it experience positive outcomes. This paper is going to discuss the benefits and dangers of participating in restorative justice.
The administrative law reforms include the establishment of a universal appeals tribunal to assess some administrative decisions on their value, the appointment of a Commonwealth ombudsman, the ratification of freedom of information legislation in addition to the establishment of an advisory body for monitoring the new system of administrative law.