Apply Legal Principles in Corporations and Trust Law - Law Assignment Help

Assignment Task:

Apply legal principles in corporations and trust law

Q1.1: What is the term for the reason a judge made their decision? What is the significance of these reasons?

Q1.2: What is the difference between the burden of proof and the standard of proof?

Q2.1: Please describe the findings in the case Boulton v Stone (1951).
                 
Q2.2: Adam runs a bookkeeping practice and is responsible for his employees’ acts and omissions. What type of liability is this?

Q3.1: Please define the franchise business structure. How are franchises regulated?  

Q3.2: Associations can be incorporated or unincorporated. Zack and his friends wish to establish a club. Should they choose an unincorporated or incorporated association? Please provide reasons for your answer.

Q4.1: What are shelf companies and what purpose do they serve?

Q4.2: Please details 3 activities undertaken by a company that must be reported to ASIC. 

Q5.1: Which companies require company secretaries? What are their responsibilities. Describe the findings of Panorama Developments Ltd v Fidelis Furnishing Fabrics Ltd (1971) in relation to company secretaries.

Q5.2: Discuss the difference between the management and the ownership of a company.

Q6.1: Is there a difference in the degree of skill expected of an executive director and a non-executive director? Please provide details.

Q6.2: Jack is a company director and the company transacts with related parties of Jack, and not on arm’s length terms. Is this unlawful? If so, please specify the relevant legislation.

Q7.1: Why would a company wish to reduce its share capital?

Q7.2: Explain the circumstances under which a proprietary company would consider converting to a public company. 

Q8.1: There are 3 forms of external administration. Please advise when each of these would apply.

Q8.2:  Who would a secured creditor appoint to take control of a company’s assets? Why would this action be taken? 

Q9.1: An athlete is injured while participating at a club event and wishes to make a claim against the club. What would be the outcomes if the club was incorporated or unincorporated? Which case would you use to support your answer?

Q9.2: What is meant by a not for profit organisation? Does this mean it must not make a profit? What relevance does this have when setting up an association?

Q10.1: Please define a trust deed and its purpose.

Q10.2: A trust that grants each beneficiary a specified interest in the income of the trust is what type of trust. When would such a trust be used?

Q11.1: Lisa is 21 and has started her first full time job. Her employer asks her to select a superannuation fund to receive the superannuation contributions being paid on her behalf. Should she set up an SMSF for this purpose? Please provide the reasons for your answer.

Q11.2:  What requirements must a MySuper superannuation fund meet?

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