The power of the Commonwealth parliament

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Questions to be answered
1. One way in which the power of the Commonwealth parliament has grown is by the referral of State law-making power. Describe an example where such a referral has been beneficial to business.
2. Does a decision made at an earlier time in any court in Australia always have to be followed by a court in Australia hearing a case with similar facts at a later time? Explain your answer.
3. What are the uniform matters which are set out in the Civil Liability Acts in regard to establishing standard of care in a particular situation?
4. Jayne is an accountant and business advisor. Christopher and Fleur run a highly profitable business and sought advice from Jayne as to the best business structure and practices to legally minimize their rising tax obligations. Jayne did so and advised Christopher and Fleur to set up a particular kind of Trust. Two years later, following a change in government, the tax laws concerning trust were changed significantly. Christopher and Fleur are now obligated to pay 25% more tax than they would have been under a company structure. They are angry and believe Jayne as acted negligently. If they were to sue Jayne for negligence, would they be successful? Why or why not?
5. What risk management practices should a tax practitioner/adviser or accountant adopt to minimize the likelihood of negligence occurring?
6. What kind of matters should be considered when deciding on an appropriate business structure?
7. Raymond, Debra and Robert are partners in a firm which provides accounting and business management services to small and medium businesses. Marie owns and operates a communications business which she wishes to franchise and she contacts Raymond to become a client of the firm. Raymond does not share Marie’s business with Debra & Robert. Instead, Raymond suggests to Marie, that he, Raymond act separately and privately for Marie as he has a ‘broader global vision’ than the firm. Marie agrees and as her business grows, Raymond makes a significant profit. Eighteen months later, Debra and Robert discover that Raymond is working for Marie and demand that they share in Raymond’s earnings from Marie. Raymond refuses. Discuss the issues raised by Raymond’s behaviour. Will Debra and Robert be successful in their claim? What effect may Raymond’s behaviour have on the partnership? Give reasons for your answers.
8. Describe the way in which promoters may protect themselves form personal liability.
9. Ruprecht and Lawrence are partners in Trident Holdings, a business which manufactures synthetic cork products. The business is growing and Ruprecht and Lawrence are keen to obtain further capital, export their products and also reward ten loyal long term employees who have been with them since they started the business. They decide to change their business structure to proprietary limited company and request your advice as to the following matters
-What is the purpose of the Small Business Guide produced by ASIC?
-In what way can a proprietary limited company structure be used to reward employees?
-What is the maximum number of shareholders allowed for a proprietary limited company?
-Can the business continue to be called Trident Holdings? If not, what changes must be made?
-What is the difference between a small proprietary company and a large proprietary company?
-How may Ruprecht and Lawrence use the structure of the proprietary limited company to raise capital to grow the business
-Why is the company structure beneficial for a business involved in export?

 

Sample Solution

In addition to enhancing its capabilities in terms of assets South Korea has to improve its Command, Control, Communications, Computers, Intelligence, Surveillance and Reconnaissance (C4ISR) capabilities to enable integrated combat capabilities down to tactical level with enhanced long range precision strike capabilities and improved surveillance capabilities including undersea.
A comprehensive multi layered defence system has to be developed and deployed instead of a limited independent defence system with enhancement of the PAC-3 ground based and SM-3 ship based missiles with latest SM 6 missiles.

Enhance Assistance in Naval intelligence in the matters of ocean surveillance for both coastal and blue water operations initiating trilateral missile defence cooperation and exercise with US and Japan

The west sea is a highly complex and difficult ASW environment and perhaps the worst possible conditions due to shallow depth, salinity, high commercial traffic, trawler bottom nets disturbing the emplaced sensors degrading the capabilities of the passive and active sonars. Considering the vast area of surveillance, and the existing capability of the ROKN there is a need to pool in resources of the U.S and Japan to form a network along with underwater sensors and detectors fixed on the ocean floor or floating on the open water, as well as devices mounted on other subs, ships, UUVs, aircraft, helicopters and satellites to get a common underwater sea picture. Maybe on the long run the South Korean Navy could procure nuclear submarines for a 24/7 surveillance of its waters

Air and land-based nuclear delivery systems are generally viewed as vulnerable to an enemy attack given the need for fixed infrastructure. North Korea has progressed to the next step of a nuclear weapon state by creating the ‘third leg’ of the nuclear triad at sea. Given the size and impenetrability of the oceans, in the event of a nuclear attack, SSBs will be difficult to find and target. A key component of nuclear deterrence theory is having the ability to guarantee a ‘second strike’, regardless of the extent of the attack suffered. North Korea via its third leg (the submarine) is ensuring this retaliatory, or ‘second-strike’, capability to reinforce the credibility of it as a nuclear-armed stat without which capability, nuclear-armed adversaries may be tempted to launch a first strike.
As with all relatively small nuclear forces, each individual weapon becomes more valuable and thus needs to be protected. North Korea relies on dispersal and camouflage, concealment, and deception (CCD) to minimise the risk that these assets could be targeted in a pre-emptive attack. The Sinpo-class SSBA has every appearance of being an experimental boat intended to facilitate the design and testing of the Pukgeukseong 1 SLBM and serving as a test bed f

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