Solution Library

ASIC Intervention in Private Company Affairs

Question Carol is a shareholder and director of Flinders Lane Pty Ltd. Carol is concerned about the conduct of David Smith in managing the affairs of the company as the majority shareholder and managing director. Carol is considering reporting David to ASIC. Advise Carol whether ASIC has the power ... Read More

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Denial of Registry to Shareholder on the Grounds of Bad Character

QuestionRobert has just inherited 2500 shares in Hill Property Pty Ltd from his great aunt Jean who recently died. Hill Property Pty Ltd was her family company. Under the constitution of Hill Property Pty Ltd the directors are given some discretion as to whether they will approve the register of a t ... Read More

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Partnership Dissolution and Third Party Suit

QuestionRoland and his girlfriend Jenna agree to enter into a partnership to run a cafe business. Before the business is set up Jenna entered into a contract to buy a coffee making machine from Coffee Machines Pty Ltd (Coffee Machines). The machine was worth $12,000 but Jenna got it for $3,500 as pa ... Read More

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Company Liquidation Other Than Financial Failures

QuestionList and explain the grounds upon which a company can go into liquidation other than financial failure under the Corporations Act 2001.SummaryThe question belongs to Law and it discusses the grounds upon which a company can go into liquidation other than financial failure. These grounds have ... Read More

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Apparent Authority and its Application in a Company

QuestionWhat is meant by the notion of 'apparent authority'?  How can the application of 'apparent authority' affect a company?SummaryThe question belongs to Law and it discusses about the notion apparent authority and its application in a company has been discussed in the solution. Total ... Read More

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Continuous Disclosure Regime under Corporations Act of 2001

QuestionBriefly explain the purpose of the continuous disclosure regime under the Corporations Act 2001.SummaryThe question belongs to Law and it discusses about the purpose of continuous disclosure regime under the Corporations Act of 2001. This has been discussed in the solution.Total Word Count 1 ... Read More

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Section 204E Company Secretary’s Capacity to Bind Company

QuestionSection 204 generally deals with the appointment of the company secretary. What does Section 204E say about the company secretary's capacity to bind the company or impose liability on the company? How is this different from the common law?SummaryThe question belongs to Law and it discusses ... Read More

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Review of Case ASIC v Vizard 2005 FCA 1037

QuestionExplain the reasons why the defendant in ASIC v Vizard [2005] FCA 1037 was banned from being a director.SummaryThe question belongs to Law and it discusses about the case ASIC v Vizard (2005) FCA 1037 and explores the reasons behind why the defendant in the case was banned from being a direc ... Read More

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Difference Between Holding Shares and Debentures in a Company

QuestionMary holds shares in Unity Ltd. Unity Ltd is now offering debentures to raise further capital. Advise Mary on the legal differences between her shareholding and any debentures she may purchase?SummaryThe question belongs to Law and it discusses about the differences between holding shares an ... Read More

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Capital of a Company Must Be Preserved. Explain This Traditional View With Modern Outlook

QuestionThe capital of a company must be preserved - this has been the traditional view of company law. In modern times this rule has been modified. Explain this historical rule and how it has been modified.SummaryThe question belongs to Law and it discusses about the capital of a company being pres ... Read More

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Company Directors Opposing the Decision of One Director

QuestionHarry is one of three directors in Engineering Products Pty Ltd. Harry is out for lunch one afternoon with a supplier of engineering parts, and after a long session of talking and drinking with the supplier, he agrees to place a very large order with that supplier. The other directors disco ... Read More

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Converting a Sports Club Into a Company

QuestionThe Melbourne Ruffians Inc is a football club which wishes to change its club into a more business like format in order to facilitate some business deals. The club wants the members to become shareholders under a program whereby existing members will receive a number of shares. It is intende ... Read More

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