Task

Research and review the existing performance management system in your organisation or

one with which you are familiar, and then write a report which critically evaluates the

performance management system processes and documentation.

Your report should be written to a standard suitable for consideration by your senior

managers and should in particular include the following:

PART A:  Case Analysis (1000 words)                                                      

The following questions relate to the case Montevento Holdings Ltd v Scaffidi  [2012] HCA 48. Students are required to find the case  (*hint: go to www.austlii.edu.au) and to apply relevant legal theories in your answers.

1.Where is the case being heard?                                                           

2.Who are the appellants and respondents in this case?                        

3.What jurisdiction is this court exercising in this case?                         

4.Where was the case heard before this?                                               

5.Identify the type of trust dealt with in this case. Briefly define the role of such trusts.                                                                                                   

6.who are the three parties in a trust? Identify these three partie

7.Outline the legal arguments being made by the appellants.                     

8.What was the Court’s decision regarding Montevento Holding Pty Ltd’s role as Nominee Trustee?                                                                                 

9.Discuss the duties of a trustee. Was there a breach of duties in this cas

10. Summarise the Court’s findings.  

PART B: Problem Question (500 words)                                            

Joseph, Leon and Melanie are running a café as a partnership. Whilst out shopping with his wife one Saturday, Leon sees a coffee grinding machine which he believes would be perfect for the business. He is unable to contact the other two partners on the phone but proceeds with buying the coffee grinder anyway.

(i)Discuss whether the partnership is bound by the transaction that Leon entered into. Justify your answer.                                              

(ii)The firm has two employees on a two-year employment contract. Due to a slowdown in business, the three partners decide that they need to fire their employees.                                                                                  

PART C: Essay Question (1500 words)                                                   

“After that… all that the directors do with reference to what I may call the indoor management of their own concern, is a thing known to them and known to them only ..”

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