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Expert help when you need it- Q1:Question 1: A. Explain what is meant by the separation of powers doctrine, and why it is considered so important in a common law system. In your answer give examples of the advantages of such as system, and real life examples of how it applies B. Does the separation of powers actually apply in Australia, or are there reasons to believe this does not perfectly apply in Australia? [What are the exceptions to the doctrine that can be observed in Australia] See Answer
- Q2:Question 2 Explain the distinction, operation and application of civil law from that of public law. In your explanation outline various branches of each type of law, and also the different degrees of proof required, and the parties who may be involved in applying such law. [Explain the different types of law, standard of proof and the onus on which parties must prove their case] See Answer
- Q3:Question 3 Geoff is a protester who is against duck hunting in Victoria. Geoff disrupts all duck hunting events, and is eventually arrested for disturbing the peace; he is brought before the Magistrate’s Court. Geoff claims his right of freedom speech under the Australian Constitution, and hence this court has no authority over him. Explain which court must decide whether Geoff has such rights under the Constitution, and why that court is involved. What would be the effect of a court actually determining that he did have a right of freedom of speech under the Constitution? What if the court made a decision which the government found to be unreasonable under current opinion? [Look at the hierarchy of the court system, the role of the High Court, and the role of parliament in interacting with court decisions] See Answer
- Q4:Need to do in 1800 words->>the 8 reference files have all cases that we need->>not a research task just using the cases from the readingsSee Answer
- Q5:1. Explain why you've selected this case from among those available to you. Not "it was first on the list." (10 points) 2. Tell us when and where this was case was decided - note the Court making the decision and the year of the decision. (10 points) 3. Tell us what happened in the case - provide some general background, but focus on the "substantive facts" - the facts that were important to the Court in making its decision. (25 points) 4. Tell us what the Court's decision was in the case - what its final conclusion was. Tell us if there were any concurring or dissenting opinions in the case and provide a short summary of what they said. (10 points) Tell us if you think the Court made the right decision and why. (5 points) 5. 6. Tell us why this case is important in our study of Business Law - what concept does it cover, and how did it help you understand that concept. (20 points) 7. Provide a link to something that was written about this case, other than from a Business Law textbook. (10 points)See Answer
- Q6: Allison has just graduated from the university with a degree in computing engineering andhas plans to set up a fintech business in Singapore.Allison intends to rope in her best friends to assist her in the administrative matters of thecompany while she will provide the core technical solutions for customers. It is contemplatedthat Allison will maintain more than 50% equity interest in the company notwithstanding thepossible injection of capital by investors. She will also be the chief executive officer andexecutive director and expects not more than two other friends to join her on the board.Separately, Allison wishes to set up a foundation, which will be a separate arm of herbusiness, to drive her favourite charitable causes.Allison has determined that she should incorporate a company to pursue each of her businessand charity ideas. Allison knows that she needs to commit significant time and effort in theinitial development of the business, so she wishes to reduce the administrative burden on thecompany during this stage. She can foresee that once the company has established some trackrecord in its business, she may need to raise funds by bringing in new investors. Allison has come to you for advice: (a) Define the types of companies that may be incorporated in Singapore. What are the differences in these companies and their compliance requirements? Advise Allison on the appropriate form of company that is suitable for pursuing her business and charitable interests. Assume that a different company will be established for each purpose. (b)Allison feels that as she is the founder, she needs to hold more than 50% equity interest in the company and have control over the management of the company.With the introduction of new investors, she is concerned that there will be interference with management by shareholders and possibly new investors. As a start-up, her company may not be able to achieve profitability and declare dividends in the short-term. Launches of new products may be delayed due to uncertain ties caused by the unforeseen pandemic and (the expected but nevertheless) real competition with the digital banks which have recently been granted licences.However, the company may still have to pay recurring costs, which includes the payment of "fat" salaries to Allison and her management team as executive directors of the company. (i)Outline the rights of minority shareholders against Allison as the majority shareholder and her management team in the situation above. You do not have to consider or discuss the right to commence derivative actions under s 216Aof the Companies Act. (ii)Describe the ways in which Allison can protect herself against any interference from the new investors whom she invites.See Answer
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