Shafron V ASIC [2012] HCA 18-Case-Study-Free-Samples for Students

Questions: Identify the following: 1.Legal terms and their meanings relevant to the case. 2.The major legal Issues area(s) of law in dispute. 3.The relevant law (cases and statutes) relied on by the judge in making his/her decision. 4.The actual decision of the case. Answers: Case Summery Shafron v ASIC [2012] HCA 18 1.The Relevant Facts of the Case: The fact of the case is Mr. Shafron was of the employer in Hardie where he the post of general counsel and company secretary until November, 1998 and in 1999 Mr. Donald Cameron joint the company. The board of the company has found that Mr. Shafron has breached the Sec-180(1) of the Corporations Act 2001 (Cth)[1]. 2.The Major Legal Issues: According to the Sec-180(1) of the Corporations Act 2001 (Cth)[2] defines that the director has goof fait and civil obligation towards the company when they are exercising their powers and duties. The NSW Court of Appeal has found that Mr. Shafron has breach the duties of the participating in decision making process which made the effect the whole company. In this matter he argued that the company secretary has limited duties in decision making[3]. However he mentioned that as a secretary of the company and his capacity of working he did his tasks in Hardie[4]. In the decision making process, a company secretary has the role and responsibility to participate in the process as a decision maker on that decision on the separation proposal of the board[5]. There is no evidence has been found where he can prove that he maintain the responsibilities with care and diligence in the office[6]. Therefore the company has sued Mr. Shafron for breach his secretarial duty towards the office[7]. 3.The Relevant Law: According to the fact and argument of Mr Shafron the court has rejected the argument and claim of him. The Sec- 9 of the Corporations Act 2001 (Cth) defies the term officer who can be director or secretary of the company and has the right to making or participate in decision making process. The Sec- 180(1) defines the directors duty where a director has the right to exercise their power and discharge with proper care and diligence[8]. According to the case study, Mr Shafron is the secretary of the company and he has duty towards the company in decision making where he was argued that he has limited responsibility in decision making[9]. Whereas, the sec- 180(1) defines that he has a proper duty toward the company to making decision[10]. In the case, the court has find that he has breached the Sec-180(1) towards the company and according to the responsibility he must complete his actual responsibilities as the secretary of the company[11]. When the decision making process has been decided he must complete the responsibilities to Hardie and support the finding which duty he has owned. 4.The Actual Decision of the Case: According to the courts finding, Mr Shafron has the duty toward the company as a secretary where he has breached his responsibilities, which affect on the decision of the company[12]. The court has reject his argument and found that due to the lack of responsibility the company was affected[13]. References Barber, Fran. "'Directors Duties' Imposed Below Board Level." (2013). Barber, Fran. "Indirectly directors: Duties owed below the board." Victoria U. Wellington L. Rev. 45 (2014): 27. Campbell, Tiffany. "The obligations and risks imposed on directors by workplace laws." Governance Directions 68.9 (2016): 530. Coffee Jr, John C., Hillary Sale, and M. Todd Henderson. "Securities regulation: Cases and materials." (2015). Hanrahan, Pamela, and Tim Bednall. "Independence of directors affiliated with substantial shareholders: issues of law and corporate governance." COMPANY SEC. LJ 33 (2015): 239. Keay, Andrew. "The shifting of directors' duties in the vicinity of insolvency." International Insolvency Review 24.2 (2015): 140-164. Langford, Rosemary Teele, Ian Ramsay, and Michelle Anne Welsh. "The origins of company directors' statutory duty of care." (2015). OReilly, Trish, and Bill Turner. "Duty of care in Africa: What does it really mean?." Australia's Paydirt 1.219 (2014): 48. Peden, Elisabeth. "Civil and criminal liability of directors and officers of sporting clubs." Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia 31.1 (2017): 12. Shafron v Australian Securities and Investments Commission [2012] HCA 18. 247 CLR 465; 86 ALJR 584; 286 ALR 612 Van Tonder, Jan Louis. "An analysis of the directors' duty to act in the best interests of the company, through the lens of the business judgment rule." Obiter 36.3 (2015): 702-724. Varzaly, Jenifer. "The Enforcement of Directors Duties in Australia: An Empirical Analysis." European Business Organization Law Review 16.2 (2015): 281-319 Shafron v Australian Securities and Investments Commission [2012] HCA 18. 247 CLR 465; 86 ALJR 584; 286 ALR 612 Langford, Rosemary Teele, Ian Ramsay, and Michelle Anne Welsh. "The origins of company directors' statutory duty of care." (2015). Hanrahan, Pamela, and Tim Bednall. "Independence of directors affiliated with substantial shareholders: issues of law and corporate governance." COMPANY SEC. LJ 33 (2015): 239. Campbell, Tiffany. "The obligations and risks imposed on directors by workplace laws." Governance Directions 68.9 (2016): 530. Barber, Fran. "Indirectly directors: Duties owed below the board." Victoria U. Wellington L. Rev. 45 (2014): 27. Campbell, Tiffany. "The obligations and risks imposed on directors by workplace laws." Governance Directions 68.9 (2016): 530. Barber, Fran. "'Directors Duties' Imposed Below Board Level." (2013). Langford, Rosemary Teele, Ian Ramsay, and Michelle Anne Welsh. "The origins of company directors' statutory duty of care." (2015). Hanrahan, Pamela, and Tim Bednall. "Independence of directors affiliated with substantial shareholders: issues of law and corporate governance." COMPANY SEC. LJ 33 (2015): 239. Barber, Fran. "'Directors Duties' Imposed Below Board Level." (2013). Campbell, Tiffany. "The obligations and risks imposed on directors by workplace laws." Governance Directions 68.9 (2016): 530. Hanrahan, Pamela, and Tim Bednall. "Independence of directors affiliated with substantial shareholders: issues of law and corporate governance." COMPANY SEC. LJ 33 (2015): 239. Langford, Rosemary Teele, Ian Ramsay, and Michelle Anne Welsh. "The origins of company directors' statutory duty of care." (2015).

Well Done Is Better Than Well Said (by Moshood) free essay sample

Well done Is better than well said Distinguished ladles and gentlemen, panel of Judges co-debaters and my fellow audience a salaam Alaskan. It gives me a great pleasure to speak for the motion quoted well done Is better than well said. Well done is better than well said; says who, this is a famous quote of the popular old printer Benjamin Franklin. I strongly belief in the saying action speaks louder than voice I dont believe in words I believe in action, do you believe in words?!!!We have been living in a world of unfulfilled promises, a world where liberty only lies in rods, have we not heard enough of the sweet coated words of our governments and president, how long are we going to remain in this? , there are billions of promises yet to be fulfilled by our leaders, if we had known that their words were nothing we would not have voted for much do you all trust your political leaders, whose sugar coated has no meaning save empty and pseudo promises. We will write a custom essay sample on Well Done Is Better Than Well Said (by Moshood) or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The government promises peace but yet killing of men Is Like that of killing chickens, the death rate has Is on the rise and the burial ground keeps receiving visitors, well Its so ad to know that words are easily said, forgotten and betrayed but actions are not. What would you say about the rising rate of unemployment, can you count the times government have promised employment opportunities, well dont be surprised because words however sweet and pleasant will remain word if not accompanied with action. We need action to change the bearing of this country, we are potentially endowed yet the words of our leaders play little to bring us to the share of progress. Honorable Judges, People easily speak about what they cant do, why cant men let their action speak for them, wise men dont speak their action speaks for them, cause action removes the doubt that theory cannot solve.Coming down the stairs to our social lives; deceit, betrayal and Lies has become a day to day activity, the three words l LOVE YOU has ended up many homes hopeless , unhappy and has even lead to so many torn homes, he claims to love her but never show care, he claims to love her but have no time for her, he deceived her with the words l LOVE YOU only to make her suffer and unhappy, he betrayed her trust in his words, he made her wish she knew the devil inside him but no, she only saw his sweet coated words initially, now she knows that its not what we say hat shows who we really are, but rather what we do.Daddy tel ls me a thousands time I love you but has always been busy in is office and has no time to spend with me, no time to share problems together, no time to tell me stories and teach me about moral values. Would you prefer a thousand words too good deed? I would rather suck to a good deed rather than a thousand words. Let me remind you of the fact that winners have program but losers have excuse, why should one preach what one can not do, doing something well is more powerful and effective than saying it skyscraper with his or her mouth.

Poverty throughout the United States Essays

Poverty throughout the United States Essays Poverty throughout the United States Essay Poverty throughout the United States Essay The culture of poverty thesis maintains that the poor are largely responsible for their own poverty. Others, however, argue that this attitude essentially blames the victim and that poverty is cause by society’s unequal distribution of wealth. This paper takes the stand that poverty is condition brought about by the unequal opportunities and distribution of wealth. There are many measures employed in the United States to prevent, alleviate or cure poverty and to maintain adequate incomes for certain sectors of the population. Being one of the superpower in the world, it is difficult to imagine that extreme poverty still exists in this country. For indeed, how can a nation so wealthy still have citizens who are less fortunate. There comes a time when world do get a glimpse of the real condition of poverty as a fact of life in the United States. Defining Poverty Poverty may be defined in absolute or relative terms. An absolute definition defines a minimal level of well-being in nutrition, shelter, clothing, health and many more and then determines what income is sufficient to maintain this level, taking into account family size and other factors. To start off, one sees that for the huge majority of Americans, the days of high quality jobs with decent wages, security, and full health and retirement benefits are a thing of the past. This is especially true of people who had little or no education and are therefore barred from great companies. As for cashing in on the success of companies like Microsoft, or becoming a venture capitalist, to make money more quickly, as James Fallows in The Invisible Poor notes many Americans to have done, even the smallest business entails ample capital, not to mention financial risk, which people like Tanya could not afford to take. Hence the solution is more suitable for middle class people with money to spare (Fallows). Given that the situation is characterized by the need for jobs with a salary that would cover, at the very least, the basic needs of a family, it seems plausible that the best solution is to promote economic growth. According to Charles Clark in Ending Poverty in America: The First Step, the rationale for â€Å"making the economic pie larger† is so all can have more, that is, to minimize scarcity (not enough to go around) that results in income inequality and poverty. This solution not only prevents a class warfare, but also benefits the business sector, eventually leading to a â€Å"trickle down effect† that benefits the workers. Clark made this solution more specific by advocating what he called a â€Å"basic salary system,† that would provide a decent minimum income floor to ensure â€Å"economic security for the poor so they can seek further education (and to concentrate on education without oppressive work requirements) and training to try different market strategies. † (Clark, 2004). An article entitled Meritocracy in America which appeared in The Economist tackles a similar issue- this time focusing on educational inequalities- and shows evidence that social mobility, i. e. people climbing the income brackets, has declined since the 1970s. Among the cited studies is the one conducted by two economists at the Federal Reserve Bank of Boston who found â€Å"that 40% of families remained stuck in the same income bracket in the 1990s, compared with 37% of families in the 1980s and 36% in the 1970s. (Meritocracy in America, 2004). The article goes on to explain how the educational system has become increasingly stratified by social class, with â€Å"three-quarters of the students at the country’s top 146 colleges [coming] from the richest socio-economic fourth, compared with just 3% from the poorest fourth (the median family income at Harvard, for example, is $150,000). † Elite universities further disadvantage the poor through policies like â€Å"affirmative action† and â€Å"legacy preferences. The first is designed to help members of racial minorities regardless of social status, and the second is a program that makes admittance easier for children of alumni, e. g. in most Ivy League institutions, â€Å"legacies† make up between 10% and 15% of every class (Meritocracy in America, 2004). The persistence of poverty reflects a complex conjunction of factors. First demographic trends swelled the ranks of the elderly, of female-headed households, and of job-seekers. Because these groups tend to be at the low end of employability, poverty rates went up. Thus, the situation results in the poor remaining poor and the rich becoming richer than ever. People who come from poor families have even less chance of being accepted into schools that hold the key to the best jobs. In the end, their options become limited to either attending second-rate schools promising second-rate jobs, or dropping out of school altogether to get blue-collar jobs. Although the main federal program supporting poorer students, the Pell grant, largely go to poor families with incomes below $41,000, Meritocracy in America reveals that â€Å"the federal government has been shifting resources from Pell grants to other forms of aid to higher education,† such as student loans and federal tax breaks that benefit both the rich and the poor. The article further questions the motivation of many colleges for giving student loans, pointing out that financial aid is being increasingly used to attract the best students away from competitors rather than to help the poor as it should (Meritocracy in America, 2004). Policy Evaluation: Economic Realities and Critical Ideological Viewpoints Because of the radical differences in their perspectives on poverty and its causes, critics of various ideological stripes have different evaluations of income support programs. There is little agreement on their impacts and outcomes. Conservatives, given their belief that poverty is the fault of the poor and of misguided welfare spending generally evaluate public programs negatively. They focus on the high cost of programs, on disincentives to work, and on the advantages of private or state programs over federal policies. Conclusions The paper concludes that there are solutions available to eliminate poverty such as a establishing a basic income system and reforming the education system to allow easier access for poor children. However, the government, schools and concerned wealthy people can only do so much. Poor people cannot go on laying the blame for being poor on other people and should start to take responsibility for their own destiny. While it is true that being born into a poor family is often large enough an obstacle to financial freedom, at the same time, having children out of wedlock, taking illegal drugs, being an alcoholic are not the types of choices that pave the way to success. It is not enough to think of the poor as hapless victims of an oppressive class structure, but to analyze their active role in their own oppression. Only through an objective understanding of the reasons why poor people remain poor for the rest of their lives can these people learn how to finally break free from the shackles that bind them. Public assistance programs come in two forms, cash assistance and in-kind assistance. Cash assistance is imply, cash assistance and in-kind assistance. Cash assistance is simply a -transfer of income from a government agency to an individual. The United States has been consistently last in establishing welfare aid income support programs, and its funding of them remains at a level well below that of most other developed nations, in which social insurance and public assistance benefits come close to ensuring current average living standards. References www.usbig.net/papers/080-Clark-EndingPoverty.doc economist.com/world/na/displayStory.cfm?story_id=3518560

Human Traffic into the United States Research Proposal

Human Traffic into the United States - Research Proposal Example Background of the Study Human trafficking has been a lucrative trade with an estimated income of over $30 billion per year in the international trade despite the efforts of several human rights bodies and government to stop the trade and other human rights violations. The United States government has been on the frontline to fight human smuggling and trafficking as a crime against humanity and state due to violation of immigration laws. Treaties and conventions against human trafficking and modern slavery have proved fruitless to curb the vice regionally and in internationally, necessitating the need to study and evaluate alternative means of curbing this menace. Criminal justice studies suggest the need for an alternative approach to addressing the various perspectives of international laws on human rights (Kara, 2009) and this needs to be addressed and further studies conducted if the respect of human rights and freedom has to be fully exercised. Problem Statement Despite the effor ts of Non-Governmental Organizations and the United States government efforts to stop human trafficking and smuggling, the exercise has been on the rise and a study to investigate the core factors that necessitate the transfer and smuggling of individuals in to the United States will be paramount. The rise of these activities reflects continued violation of human rights and state’s immigration laws, prospects that have led to a rise in the number of illegal migrants in to the United States majority of whom indulge in criminal activities. Criminal Justice Question: Why has the number of human trafficking incidences been on the rise in United States and what can be done to curb the vice? Research Questions: What accounts for the increase in cases of human trafficking in to the United States? What factors from the victim’s point of view or what promises do the traffickers give the victims that necessitated easy transfer and harboring? What is the major motive of these hum an trafficking activities into the United States, are they socially or economically motivated? What factors have necessitated free and uncontrolled border entry and how do traffickers manage to conduct their businesses unnoticed? What measures has the government and other security arms taken to mitigate these activities within the United States’ territory? What alternative measures have been taken by Non-Governmental Organizations and other lobby groups in addressing the rise considering their initial strategies have somehow proved unfruitful? Hypothesis: There is a relationship between poverty and globalization which has led to weakening of political and social/cultural institutions promoting decay in social and economic norms and mores. Significance of the Study By understanding factors that have led to the increase of human trafficking, the government and immigration departments will take the necessary measures to curb the vice in subsequent years. Unearthing the motives o f trafficking and smuggling will help social and economic institutions to strengthen their policies that promote equal human treatment and those that will enhance human rights and freedom watch. By evaluating the borders activities and/or the relationship of border officers with the traffickers will assist the government and relevant ministries to revise immigration laws and policies to further curb unrestricted entry. As a

Hollywood Portrayal of Cancer Essay Example | Topics and Well Written Essays - 1500 words

Hollywood Portrayal of Cancer - Essay Example Sweet November and Autumn in New York are both love stories that are centered on the appreciation of the beauty of life. In exploring this theme, the movies placed the main characters in a situation where one of them is terminally ill. Sweet November is a love story that revolves around Nelson Moss (played by Keanu Reeves) and Sara Deever (Charlize Theron). Deever took it as a mission to help Moss overcome his obsession with work and success, and thereby allowing him to appreciate and enjoy life. This mission would be achieved in just one month. As the story unfolds, it is revealed that Deever is afflicted with non-Hodgkin's lymphoma, a type of cancer that is the main reason for Deever's decision to lead an unusual lifestyle of "curing" men of their misbehaviors towards women. The story ends tragically, with Deever ending her relationship with Moss and facing the consequences of her illness alone.. Autumn in New York is a love story between a womanizing older man and a young, vibrant woman. Early on the story, Charlotte Fielding (Winona Ryder) and Will Keane (Richard Gere) fell in love, and as Keane was ending the relationship in the same manner as he had ended his past relationships, Fielding agreed to the fact that they would have no future together because she was sick. The story ended in tragedy as Fielding dies of a rare disease after the last-resort surgical operation failed to save her life. There are many similarities in the two movies in the manner that cancer was portrayed. First, the illness was equated to the certainty of death. The drama in both films revolves around the fact that the women have little time left. Both protagonists also dealt with the disease in a similar manner - they gave up on medical treatments. In Autumn of New York, Charlotte Fielding even signed a directive that no surgery will be made on her. In one of their conversations, Fielding told Keane, "I don't want to give hope, when there is none" (Chen, 2000). The same attitude was somewhat projected by Sara Deever in Sweet November. She decided to take on a different course in life, away from the regular treatments usually provided by hospitals to cancer patients. Both films in a way concluded that there were no other options for the two cancer-afflicted characters, and that subjecting themselves to medical treatments and procedures would yield the same result, that is, eventual death. The character in Autumn in New York died at the end of the film, while in Sweet November, the character decided to come home and perhaps yield to medical cure for her illness, although the last scene seemed to indicate that she would be spending the rest of her life wilting away and succumbing to death. She left the viewers thinking that she would die, in the same way that her lover agreed to letting her go and face death. Both stories depict the dying characters, both of which were white women, still in flawless appearance. This would fall under what Comedienne Carol Burnett referred to as the Movie Star Disease (as cited in Lallanilla, 2005), where the ill character,

Malaysia Airline System Berhad Company Profile Essay Example for Free

Malaysia Airline System Berhad Company Profile Essay Malaysia Airlines is listed on the stock exchange of Bursa Malaysia under the name Malaysian Airline System Berhad. MAS had been suffered high losses over the years because of the fuel price increases and poor management. Malaysia’s government overhauled the operations of the airline. Under Idris Jala who was appointed as the new CEO in 1 December 2005 leadership, Malaysia Airlines unveiled its Business Turnaround Plan (BTP) in February 2006 which highlighted low yield, and an inefficient network and low productivity. (Refer to Appendix II) 2. Corporate Objective To produce a strategic, timely creative campaign targeting TIME’s readership of international travelers for Malaysian Airlines. (Refer to Appendix II) 3. Corporate Mission To provide air travel and transport service that rank among the best in terms of safety, comfort and punctuality. (Refer to Appendix II) 4. Corporate Vision An airline uniquely renowned for its personal touch, warmth and efficiency. (Refer to Appendix II) 5. Corporate Logo [pic] This logo designed by Mara Institute of Technology later known as Mara University of Technology was introduced on 15 October 1987, retaining he essence of the moon kite, with a sheared swept-back look for a more aerodynamic posture. The red and blue divides equally in the mid-spine to connote equilibrium. (Refer to Appendix II) 6. Board of Directors and Managers Dato’ Dr Munir Majid is chairman of Malaysia Airlines, chairman of PECD Berhad and Board of Saujana Resorts (M) Berhad.. He was born in Penang in 16 February. His earl y education was at St. Mark’s Primary School in Butterworth and the Bukit Mertajam High School. After that, he continued his upper secondary education at the Royal Military College in Sungai Besi near Kuala Lumpur.

The Psycho Lady of Flight 735 :: Personal Narratives

The Psycho Lady of Flight 735 Back in summer of summer of ’99, my mom, Judy, my dad, Dale, my brother, Brian and me, Michelle, took a vacation to California. Our trip was awesome! We went to Disneyland, Universal Studios and all those other tourist attractions. Everything was great until we got to the Los Angeles International Airport to fly home, on my very first plane ride ever! When we got there, we looked on the screen to see if our flight was still running on schedule, but to our surprise, our flight was boarding! My dad then screamed, "Let’s move it!" We sprinted through the airport to the terminal. I was struggling because I had three bags filled to the brim, since I’m a very heavy packer. Finally we reached the terminal and we were ready to check-in and board. My dad handed our tickets to the hostess, but she gave us a confused look, "Sorry Mr. Snover, we just closed the doors to board this flight. You will need to book another flight at a later time." We were all disappointed and wouldn’t take no for an answer, so after a little arguing and convincing, she gave in. She did tell us that our seats got separated, but we all could deal with that. We got to our seats and sat down to finally relax. Of course, I, the very unlucky one, got stuck beside a very large woman. Not to be rude or anything, but she took all of her seat and half of mine and had the worst body odor I have ever smelled! It was so bad I actually started to gag. I thought to myself, "Could this possibly get any worse?!" Yes, yes it could! The flight was going as good as it could get at that point, until I looked up from my book and saw all the flight attendants’ faces and their little side conversations. They all had very scared looks on their faces, as if they all saw a ghost or something. Something was wrong and I grew a little worried. I got really frightened when I saw the co-pilot run back through the plane. A few minutes later, the pilot ran to the back too! Now, I was terrified. I thought two things, "What the heck is going on, and who the heck is flying the plane?" All of a sudden, a flight attendant came over the loud speaker and said with a very shaky voice, "Attention all passengers, we need to make an emergency landing in Denver, Colorado.