Answers: Introduction Ellen is a medicine student and intends to start her own meditation centre. She finalized a terrace house and before making any lease she consulted the local council to enquire on the suitability of the premises. The enquiry submitted at the council comes to be false causing damage to Ellen. There are few issues that are raised based on the brief above and are analyzed herein under. Issue 1 Whether the council ow...
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Answers: 1. 1.In a recent judgement, on 10 September 2018, of Federal Court of Australia in the case of DUV 17 v Minister for Immigration and Border Protection [2018] FCCA 757, the Court decided the duty and discretionary power of the Migration Authority. The Court provided its decision based on the Ss 36 (2) (a), ss 36 (2) (aa), ss 473 DA (1), ss 473 DC (1), ss 473 DC (2), ss 473 DC (3) of the Migration Act 1958 and the Part VB of Federal Co...
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Dec 07, 2020
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Answers: 1.A.The issue in this situation is that whether a valid contract had been formed between Shona and Raymond in terms rules of contract law and specifically the rules in relation to the essential elements of a valid contract. The formation of a contract needs offer, acceptance, capacity, consideration and intention of forming legal relationship (McKendrick 2014). In the case of Smith v Hughes (1871) LR 6 QB 597 it has been provid...
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Dec 29, 2020
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Answer: Title of the Article How the Supreme Court has interpreted constitutional rights of school children Date of Publication September 13, 2018 Name of Author Eloise Pasachoff The work is to summarise the article in relation to the Establishment and Free Exercise Clauses. The Establishment and Free Exercise Clauses call for the individual’s right to uphold their religious beliefs and the government’s role in the same (Uba...
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Jan 11, 2021
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Answer: There are various types of retirement plans with different contribution and distribution rules as well as tax consequences. For instance, a 401 (k) is a defined contribution plan sponsored by the employer, and contributions are generally made with a pre-tax dollar amounts. This means that an individual does not pay taxes until he or she withdraws the funds. A traditional Individual Retirement Account (IRA) is another retirement plan t...
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Jan 14, 2021
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Answers: Part A Gumland Property Holdings Pty Limited v Duffy Bros Fruit Market (Campbelltown) Pty limited [2008] HCA 10; 234 CLR 237 Issue Termination of a commercial lease due to the failure of payment by the lessee because of expiration of the sub-lease for which it was responsible. Rule A tenant must comply with the terms and condition of the commercial lease. A commercial lease lays down the rights and duties of the lessor and the le...
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Jan 15, 2021
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Answer: Part 1 For registering a company in Australia, the applicant must lodge an application with Australian Securities & Investments Commission (ASIC) as per the section 117 of the Corporations Act 2001. ASIC will give the company ACN, ABN or ARBN no and the process of registration depends on the type of company. As per Section 112 (1) of the Act No liability company can be registered under ASIC. Under Section 112 (2) o...
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Jan 25, 2021
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Answer: Does a partnership between Todd and Zac exist? Issue The question whether a partnership between Todd and Zac exist depends on whether the engagement was procedurally entered. Rule According to the Australian partnership Act[1], a partnership exists when persons come together to do business with a purpose of getting a monetary gain[2]. The coming together can be express through formal document or implied through conduct or actions...
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