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After this attack, various governments embarked on the initiative of reinforcing national security. This has particularly been realized through the enactment of the so-called anti-terrorism laws. From a social and political point of view, such legislation is envisioned to handle the increasing security threat posed by global terrorism.
We see that the bill was raised by Producer Ltd after an arrangement with Banker Ltd who in this case is the bank. After the bill was completely done it was used as a negotiable instrument by the Manager who drew the bill in favour of the Financier. The Financer became the holder of the bill in due course as it satisfied all the conditions.
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Patents are very important for protecting innovation. They ensure legitimate incentives to the producers of innovative products. In the field of medicine, patents play a major role; and a compulsory licensing system is indispensable for increasing access to medicines. Patents result in a number of socioeconomic problems.
GATT/ WTO and NAFTA are international trade agreements that were established to govern international trade and commerce. The trend towards deregulation, market economies, protection of human rights, and democracies reflects a recognition that individual freedom, non-discrimination and the rule of law are the best conditions for promoting social welfare.
It is essential to state that corporate insiders are individuals whose employment with the firm (as executives, directors, or sometimes rank-and-file employees) or whose privileged access to the firm’s internal affairs (as large shareholders, consultants, accountants, lawyers, etc.) gives them valuable information.
Either the gender crime definition is too broad to have a useful application, or the debate around gender crime legislation would benefit from becoming more clearly focused on provisions other than penalty enhancement. If the former is the case, perhaps there is no role in the enactment of gender crimes legislation in Australia.
John is a tractor dealer in a country town in South Australia. He had several new tractors in stock but due to extreme drought, the sales were low. A John Deere who had been in stock for nine months was put up on sale at $110,000. Bert, a local farmer was interested in buying the tractor and asked John for the best price.
The paper will be divided into two parts. The first part is based on a detailed study of the regulations of the electronic banking system of Australia. In this part, we first discuss the Australian e-Banking system, the characteristics of and how the Banking Regulatory agencies and the Banking & Financial Services Ombudsman in Australia function.
This essay is on the regulation of insurance contracts in Australia. The plan of the essay is to first give an introduction to contract law in Australia in general and life insurance contract regulation in Australia in particular and then go into the details of life insurance policies and policy regimes and developments in the regulation of life insurance contracts.
Seven major member countries of the European Union, later increasing to eleven, barring the United Kingdom, formed the European Monetary Union and adopted Euro as the single currency on January 1, 1999, and replaced the individual national currencies at the irrevocably fixed exchange rates on that day.
Generally, it is essential to state that the terms transnational corporate crime and cross-border crime bring about inexpressible worries. These words reflect a strong and elusive hazard, a kind of approaching hazard that lingers in nations resulting in an addition to its vicious potential character.
The consequences of World War II, the atrocities committed by the Nazis, a strong political protest arose in the universal community ending with acceptance in 1948 of the Universal Declaration of Human Rights, recognizing “the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”.
In the given case after judging all the aspects of the case it can be recommended that the custody of the children should go to their father. In case the wishes of the children have been analyzed the effect of parental influence on children must be discussed. Attachment theory analyses the emotional attachment of children to their parents.
The question at hand is whether or not Sydney Bikieboys could be a declared organization under the purview of the Criminal Organisations Control Act 2009. The Act is better known as ‘The Serious and Organised Crime (Control) Act, 2009’ and defines a declared organization as one that has been subject to a declaration by the Magistrates of Court under Section 11.
The question of security presently comes out large in Australia and the United Kingdom. In response to different apprehended threats to these nations, their citizens and their borders that have been frequently threatened with drug trafficking, money laundering, illegal immigration, terrorism and many other risks, the governments in these states have assembled a progressively more unrestrained and full-bodied policing capacity
In the meanwhile, it has to be given proper maintenance by whoever has an occupancy of it at a given time. In the case here, Australia Interactive is currently in possession. Unfortunately, it has failed in that aspect what with the dislocated hinges, the repair needed for the windows, the worn-out carpet, and the holes in the walls.
The racial criminalization of the Aborigines can be attributed to their historical background in terms of the kind of life that they were subjected to by the colonial administration. According to the previous colonial legislation, the Aborigines were considered a group of people who were not worthy of any form of fair treatment.
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There are lots of security reasons that the people will be aware of like national security, country security, and so on. The new type of security that has been said is “food security”. Security has been thought of as the absence of lowered risk and there have been steps done by everyone to ensure that national secrets are not compromised.
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In Australia, evidence acts are the domain of the constituent members of the federation or the states of the country thereby making it a genre of law and legal studies that is often difficult to harmonies and quantify. Evidence law is an area where the Commonwealth, States, and Territories all have responsibilities.
It is essential to state that increasing globalisation and a changing international business environment. Businesses face considerable uncertainty as competition has increased. Australia's business practices and operations are undergoing fundamental changes to accommodate changes in the external environment.
A copyright act attempts to provide an author or the owner with a set of intellectual property claims with exclusive claims within a particular period in time with respect to the work that he has produced. These rights include the rights of distribution, adaptation and reproduction. After the particular time period has elapsed, the work enters the public domain.
Generally, it is really essential to state that the debate on the introduction of the Bill of Rights in Australia has drawn several comments and views from critics, as well as political and social thinkers. Even as the range of views is vast, for those uninitiated, below is a brief outline of the issue.
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The court-annexed mediation is generally viewed as an act of denying freedom to the parties in choosing their forum for getting their disputes decided. Though there are ideological disadvantages, they are far outweighed by the practical benefits that can be achieved by mandatory mediation i.e. court-annexed mediation.
Terrorism has been met with more vengeance than ever. The ensuing war against terrorism has had a tremendous effect on the global political power balance and social lives of many. The war mainly waged in the Middle East has cost America and her allies billions of dollars and thousands of troop’s life. The number of terrorist suspects has been arrested.
Generally speaking, by definition, judicial review refers to the type of court proceeding whereby a judge re-evaluates the legality of an action or decision made by a public body thereby challenging the manner in which a decision was made as opposed to the rights and wrongs of the judgment handed down.
The criticism that has been levied against this is that it comes in conflict with the Darwinian principle of evolution and is contradictory to the evolution of man from ape. Another important problem that exists with the theory that is advocated by this school is that it completely overlooks the social and economic context of any action.
The defendant was Mr. Aden A. facing Police charges in Fairfield local court. The truck driver had a spotless record for the last six years of his driving career. The driver of the other vehicle was a lady who fortunately did not suffer any physical injury but was in a state of mental shock. Seven different cases of traffic violation cases came up for hearing.
This case is an appeal that arises from an order by the Full Court based on a declaration that a certain sum of money was paid and actually received by Richardson who at that time carried on practice as a solicitor in partnership with the appellant, although it was not contended by the plaintiff that the appellant had knowledge of the dealings.
There are four major types of financial crises that are caused by various external and internal factors of an economy. In order to avoid or mitigate the effects of the financial crisis, corporate governance mechanisms need to be improved. Moreover, laws and treaties related to the financial crisis in Australia need to be observed.
In most ethnic societies disabilities are viewed as a form of misfortune or sometimes curses. For instance in Africa disabilities are considered to be caused by the sins of the mother or the family (Ferrini A; & Ferrini, 2000). It can, therefore, be said that living with persons with disabilities is a challenge to their families and to their carers this is mainly because they are sometimes discriminated against.
While competition in the business world is hailed for its role in ensuring the betterment of service and product quality, one major issue still remains salient. Some economists in their contention agree that while competition should be allowed to thrive, a limit should be drawn to ensure that weakling business units are not thrown out of survival.
Directors or top managers hold special positions in their companies. Typically, directors were given significant degrees of autonomy and independence in order to carry on their duties, particularly the ability to dispose of people and resources to areas they believe would help the organization achieve its goals and potential (Ramsay 1997; O’Hart 1995).
There is an ongoing debate for a long time as to the enactment of proper law that makes it clear under what circumstances the third party or contractor dealing with a company can do so without being exposed to the risk. There is a need for emphasis on where the company can be held liable for the debts incurred on its behalf and also the extent to which the third party can deal without enquiring about the authority.
Working with sexual offenders from the therapists’ standpoint is physically, mentally, and emotionally draining, and is thus easier to conduct it within the institutional confines of a prison. Monitoring and evaluation of the offenders become difficult when they are released (Smallbone, Marshall & Wortley, 2008).
The judgment in R v Taktak exemplifies the judgment wherein a breach of a duty of care attracted legal liability for any resulting harm. The defending attorney was Gregory Scragg who cross-examined a pathologist on the estimate of the time of death. Mr. Taktak was a man that arranged prostitutes for a drug dealer.
It is quite essential to state that there are two breaches of contracts and misrepresentation for the scenario provided. First, Mr. Iron entered into a contract with Mrs. Golf with a promise to clean 2000 golf balls in 10 minutes using his product, which subsequently did not yield the expected results.
Racial discrimination in Australia is linked to the history of colonization as well as migration. The indigenous populations of Australia, alternatively known as the Aborigines have been the main victim of this discrimination. Until recently, policies and practices, highly racist in nature, were deeply entrenched within governmental laws and institutions of Australia. Some of these are prevalent even today.
Although Mr Irons knew that his product could not deliver the quality service clients expected he continued to extract money from Mrs Golf. “Generally, the plaintiff has no right to damages for any loss suffered as a result of the misrepresentation, although he may obtain a limited form of indemnity.” and was ignorant of factors that affected his business such as the need to register with the Water Board.
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The creation of the Australian Constitution began in a series of meetings held during the 1890s and was approved in referendums held by the people of the Australian colonies between 1898 – 1900. The draft was enacted as a section of the Commonwealth of Australia Constitution Act 1900 and Queen Victoria signed the Commission of Assent on 9 July 1900.
After three weeks of use and clocking up 140 miles, the car engine seized up on the motorway due to a drop of sealant, which had infiltrated the lubrication system on manufacture. It was held that the car was not of merchantable quality and that a consumer would not expect that the engine of a new car will cease up after 3 weeks.
United States of America (USA) and Australia are two of the most powerful and richest countries around the globe. These two countries both belong to the so-called first world nations. This is the very reason why both of these two countries have become the target for thousands of immigrants wanting to live a better life.
There has been a situation of risk that has been poised by the contamination of soils and groundwater. There were deteriorating air and water levels that made the countries wake up and take notice. The early legislation in the area of contamination happened in the year 1970s. The specific legislation in the area of site contamination happened in the US Superfund law which was adopted in the year 1980.
Nuisance is of two kinds: (1) Public or Common Nuisance: Public Nuisance is a crime whereas private nuisance is a civil wrong. A public nuisance is interference with the right of the public in general and is punishable as an offense. To avoid a multiplicity of suits under common law Public nuisance is an offense punishable under criminal law.
A person who feels that justice applied under the local court was unfair has a right to appeal against the conviction or the sentence in the high court or Supreme Court. After appealisituationsng, the case could be heard ones more. In some situation of the appeal, the outcome could vary and the offender’s conviction could be overturned.
Financial markets are an important component of Australia's economy. They provide a return for those who have extra income, while at the same time making loans available to those who need additional funds. They influence all other industries because of their key role in the economy. To protect the overall economy and the individual sectors, there are three major regulators of financial markets; RBA, APRA, and ASIC.
Thomas Hobbes is the Janus of jurisprudence. With one face, he looks back to the classical natural law tradition; with the other, he looks forward to the concerns and themes of positivism. Indeed, although rarely exalted, what can be seen in Hobbes’s writing is that as much as he has a conservative side, he still looks at law from a dynamic perspective.
The sales of Goods Act recognizes sales to a consumer if goods are bought for private use or consumption. As per section 62, if a person does not buy and hold himself as buying in the course of a business, it is considered a consumer sale. There is no monetary limit on the value of goods bought in a consumer sale under this Act.
This paper aims to examine and understand business laws, common laws and equity principles in Australia, by analyzing them through three cases and answering some questions based on the three cases. The questions aim to address all issues, controversies and discrepancies involved in contracts and related transactions in businesses in Australia.
Contract Law would be made of and would include the laws and regulations that are aimed at enforcing the agreements that have been entered upon by willing parties. In Australia contract law is regulated primarily by the 'common law', but there are more and more decrees that are being passed thereby supplementing the common law of contract - particularly in relation to consumer protection.
An executory contract raises the question, how does a promise made by A support a reciprocal promise by B, where A has done nothing at the time beyond furnishing a promise in return for B's promise? Do such reciprocal promises constitute sufficient consideration? Should such reciprocal promises be considered good consideration in the modern commercial context?