Not more thank 2500 words (2000 words for the research report, and 500 for send question) RESEARCH REPORT For this task, you must research the following topics of interest, and complete a detailed...

1 answer below »
Quotes? and see the attachment files


Not more thank 2500 words (2000 words for the research report, and 500 for send question) RESEARCH REPORT For this task, you must research the following topics of interest, and complete a detailed report on your findings. Instructions You will need to research information to assist with your responses for this task. What you will need to complete this task •Research materials such as books, internet, magazines, workplace documentation etc. •Access to legislative and regulatory documentation relevant to own state or territory. You should use a variety of sources to gather information including training resources, workplace policies and procedures (if you are able to access these) and government and industry bodies. You are required to provide information about the following points. You must prepare a written response to each point, which can be supported by example documentation as required. Ensure material is referenced appropriately. How should I reference the sources of information I use in my assessments? Include a reference list at the end of your work on a separate page. You should reference the sources you have used in your assessments in the Harvard Style. For example: Website Name – Page or Document Name, retrieved insert the date. Webpage link. For a book: Author surname, author initial Year of publication, Title of book, Publisher, City, State You will need to respond to each of the following questions and or tasks in your project: Use the following questions as a guide to your research: 1.Describe the operation of the Australian legal systems and processes relevant to corporations and trust law including: a.The basic principles, current statute, common law and equitable principles b.Roles and responsibilities of key organisations c.Constitutional considerations d.Separation of powers e.Basic principles of the law of torts, particularly relating to negligence and negligent misstatement f.Courts and regulatory bodies 2.Outline how laws are enacted and their underlying policy aims. 3.Explain how those laws may be interpreted by existing common law and equitable rules and applied to corporations and trusts 4.Analyse legal concepts of business organisational structures, and underlying regulation including the application of these to: a.Sole traders b.Partnerships c.Corporations d.Trusts e.Agencies/franchises f.Joint ventures g.Incorporated associations 5.Examine legal aspects of superannuation with reference to: a.Ways in which superannuation can be accumulated and taken b.Who can provide superannuation products and how those providers and their products are prudentially licensed and regulated? c.Duties of superannuation trustees d.How superannuation interests are protected and litigated e.Current and future developments in superannuation law and policy 6.Identify and reference the key features of Australian corporation’s law and requirements to analyse issues and risks relating to: a.Nature of a company b.Company registration c.Promoters and pre-registration contracts d.Company constitution and replaceable rules e.Contracting with others f.Fundraising g.Share capital h.Member meetings i.Corporate management j.Directors’ duties k.Member remedies l.Bankruptcy and insolvency 7.Examine legal concepts and scope of law covering trusts with particular reference to: a.Structure and types of trusts b.Trust deed c.Common law duty d.Role and responsibilities of a trustee e.Member meetings f.Corporate management g.Member remediation h.Bankruptcy and insolvency. short answer Questions Instructions Answer the questions below by writing in the space provided. If you require more space, use a blank sheet of paper. Alternatively, you may like to use Microsoft Word and print out your answers to each question. What you will need · Research materials such as books, internet, magazines, workplace documentation etc. · Access to legislative and regulatory documentation · Your Learner Guide for this unit of competence Word limit Short Answer Responses 4 typed lines = 50 words, or 5 lines of handwritten text 1. How should you research corporation and trusts laws? 2. Identify four different types of corporations and trust law transactions and clearly outline their legal context, establishment procedures and purpose. Use the following table to help you. 3. Briefly describe what common law is, and how legal principles work. 4. What are four areas of risk that you would need to consider? 5. Provide an example of how legal issues may impact on a business. 6. List the four types of specialists or experts that may help you to understand and mitigate risks. 7. What are the four different reasons why a business will need to collect and collate information? 8. What are four reasons for having legislative and regulatory requirements in a business? 9. Describe how you would provide advice based upon identified facts and relevant law. 10. When you receive word of a change in relevant laws, acts and regulations that you specialise in, what process should you take? 11. How could you set up a system for maintaining up-to-date knowledge about relevant legal aspects of corporations and trust law? 1. Report For this task, you must research the following topics, and complete a detailed report on your findings. Instructions You will need to research information to assist with your responses for this task. What you will need to complete this task · Research materials such as books, internet, magazines, workplace documentation etc. · Access to legislative and regulatory documentation relevant to own state or territory. You should use a variety of sources to gather information including training resources, workplace policies and procedures (if you are able to access these) and government and industry bodies. You are required to provide information about the following points. You must prepare a written response to each point, which can be supported by example documentation as required. Ensure material is referenced appropriately. You will need to respond to each of the following questions and or tasks in your project: For this task you are to research and write a report detailing your findings on the following topics: 1. Explain each of the following as they relate to property law: a. Basic principles, current statute, common law and equitable principles b. Roles and responsibilities of key organisations c. Constitutional considerations d. Separation of powers e. Basic principles of the law of torts, particularly relating to negligence and negligent misstatement f. Courts and regulatory bodies 2. Outline how laws are enacted and their underlying policy aims 3. Choose two laws and then explain how those laws may be interpreted by existing common law and equitable rules and applied to property laws. 4. Briefly discuss each of the following legal aspects of personal property law: a. Intellectual property law b. Patents c. Copyrights d. Trademarks e. Personal property securities law Word limit To complete this activity, you are required to submit a written response of a: Mid Report Approximately 1,000 words = 2 page typed report 2. Case study For this assessment you will need to perform the following tasks. These tasks will need to be completed and submitted in a professional, word processed, format. Each task must be 1000 words minimum in length. Instructions You will need to research information to assist with your responses. What you will need to complete this task · Research materials such as books, internet, magazines, workplace documentation etc. · Access to legislative and regulatory documentation relevant to own state or territory. You should use a variety of sources to gather information including training resources, workplace policies and procedures (if you are able to access these) and government and industry bodies. You are required to provide information about the following points. You must prepare a written response to each point, which can be supported by example documentation as required. Ensure material is referenced appropriately. For this task you are to read the case study below then complete the tasks following the case study. Case Study Betty Johnson has asked you to advise her on the property and whether she should buy it? She also wants to know if it would be a good investment. She is a small business owner, with an ABN, not a company. She owns no other properties (she rents the apartment over her place of business). Task 1 Use the following information and search a property that is similar in description: “A two bedroom, freshly renovated gem that is a first homeowner or investor's dream. Located a short stroll from the picturesque State Forest and provides seclusion and peace. This spacious abode features timber floorboards throughout and a bright, breezy outlook over a 5 ½ acre well-manicured block complete with its own vegetable patch, hay shed and fully appointed bungalow. This would make it a perfect spot for a private guest house or games room. All bedrooms include built in robes, featuring a stylishly designed bathroom. The well-appointed, modern kitchen adjoins a charming living area, which opens to a dining room for the stars equipped with a chandelier and tiled high gloss floors. The dining room opens up to a relaxing, covered alfresco area. This gem of a home also includes a porch overlooking the front garden as well as a covered carport. It's hard to go past this property, which offers the very best of charm, style and convenience.”  This property can be located in any area and is to be used as the basis for your project. Please provide full details on the property and area of location in the introduction to your Case Study response. Long Answer 8 typed lines = 100 words, or 10 lines of handwritten text = of a foolscap page Task 2 Provide responses to the following tasks and questions: 1. Research the legal aspects of property law as it relates to this property including: a. The legislation, regulations and codes of practice b. Different types of appropriate property transactions c. Relevant legal principles applying to property matters 2. Analyse the legal issues and risk for Betty including: a. Areas of risk b. How legal issues impact on Betty c. Implications of risks for Betty 3. Apply the current statute, common law and equitable principles in relation to property law that are relevant to Betty’s circumstances 4. Present a recommendation and advise Betty after considering her circumstances and relevant property laws. Long Answer 8 typed lines = 100 words, or 10 lines of handwritten text = of a foolscap page 3. short answer Questions Instructions Answer the questions below by writing in the space provided. If you require more space, use
Answered Same DaySep 02, 2021

Answer To: Not more thank 2500 words (2000 words for the research report, and 500 for send question) RESEARCH...

Riddhi answered on Sep 23 2021
130 Votes
Written Report
Australian legal system is enacted in the parliament and is interpreted by various courts. This legal system is a system where there is the legal suit filed by one party and defended by the other party. In this process both the parties try to prove each other wrong. Both the parties are represented in the court of law by legal practitioners. The final decision after listening both the parties is taken by a Judger or Magistrate. In case of serious criminal cases, the decision is taken by Jury and Judge jointly. Jury i
s the 12-member committee at the criminal offence trial and 6-member jury at the civil case trial. The constitution of Australia is based on the law that to establish the division of power between the state and federal parliaments. The laws made by state government and commonwealth parliaments are Statute law.
There are two types of Law i.e. Civil Law and Criminal Law. Criminal law is usually adhered when a criminal offence is involved. Criminal offence is any doing that is not acceptable by the society. For any criminal offence punishment could be in the form of fine or prison sentence. Civil Law is the wrong behavior by one person to the another. Civil law comes into force when one person or many people file legal case against one person or many people. The punishment in case of civil offence is through compensation for damages or fine and in worst come situations prison sentence.
There are various levels of court i.e. state court, which is restricted to the state, federal court which is for all the Australian residents and supreme court is the highest bench in Australia. Supreme court deals with most serious criminal cases and the complex cases of civil matters. Supreme court has two divisions i.e. Trial division and court of appeal. Trial division deals with criminal offences and complex civil cases. All the cases against which appeal is filed under trial division is filed under Court of appeal.
There are various courts dealing with all different matters of offence i.e. County court of Victoria, Magistrates court of Victoria, Children’s Court, Corners court, etc. There are various types of tribunals, this tribunals deal with state and federal legislation issues. Federal court in all states are same. The federal court are The High Court of Australia, Federal court of Australia, The family court of Australia, Federal Magistrates court of Australia etc.
The roles and responsibilities of the Judiciary system and legal system is to ensure that Justice is provided to everyone and no innocent receives punishment or is treated as an offensive person. In case of criminal offences, a person is not treated guilty till the time it is proved. Every person is innocent till the time offence is proved. It is in the hands of Judge and Jury to ensure that no innocent is treated as criminal and reasonable opportunity is provided to prove innocence. All the proof is properly recognized and considered in the proceedings of Court.
To manage separation of powers between state and federal court, every state has its own court of magistrate and hierarchy which includes Magistrate Court, District court and Supreme Court. Magistrate court deals with all the matters and takes decisions in that respect. These courts do not take the help of Jury. Any dispute whose amount is less than $1,50,000 are dealt with at magistrate court. All the dispute where the amount involved is more than $1,50,000 but less than $7,50,000. In the case of district court, the help of Jury can be taken. Supreme court hearing is usually for cases where the amount involved is more than $7,50,000. Here, Jury and Judge will together take the decision after hearing the case.
Torts are wrong doings of one person with another person or one entity with another person or another entity. The principles of the law of torts, relating to negligence are standards of care should be taken, causation, the foreseeability of harm and the remoteness of risk. Eg. Ms. X purchased a packet of chips from the supermarket, while eating the chips she came across a lizard in the packet dead. Ms. X sued the chips packet on the grounds of damages. The chips company said as there was no contract between the two, they are not liable for damages, however every company selling a product is responsible for the product that they serve. Any lapse in the product branded by them should be borne by them and principle of causation is considered here.
In Australia, the power to enact law lies with federal parliament. The federal parliament can enact laws related to trade policies – international and domestic, tax related laws, defense laws, banking, and insurance sector, marriage, divorce, resident rules, telecommunications, medical, healthcare, pensions, Schools, etc. A formal bill is document and draft are prepared for review as a proposal. Once the bill is approved by both the houses of parliament and consent is provided by Governor, the bill becomes a law.
Equitable rules signify right of equality as recognized by the court of Law. Corporation law and trust law are the laws where equitable rules are very essential to be implemented to ensure the correct distribution of funds among the shareholders and beneficiaries. In case of Trust, the liability of equitable rule and common law to be implemented les on the shoulders of Trustee and in case of...
SOLUTION.PDF

Answer To This Question Is Available To Download

Related Questions & Answers

More Questions »

Submit New Assignment

Copy and Paste Your Assignment Here