Advise billy about his legal rights

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Reference no: EM132110239

Assessment: Legal Analysis

Question 1

You have been appointed as an adviser in the insolvency division of Wind Up Accountants.

Your manager has asked you to prepare a presentation for an upcoming training course for new staff members.

As part of your presentation you are required to read a news article and provide a brief on the legal issues that have befallen celebrity gardener Jamie Durie.

Required

Review the above article and discuss the corporate law issues that arise from the case study.

Your paper must include an explanation of terms used, for example: voidable transactions, insolvent trading, uncommercial, garnishee notice etc.

Refer to relevant legislation and/or case law in your analysis.

Question 2

Model Haircuts Pty Ltd. is a very successful hairdressing business. The company was formed with five members in 2015. The five members have an equal shareholding of 20% each.

There are two company directors Elle and Belle. The company has a constitution, which provides for the retirement of directors after 3 years. Any member may stand for election as a director. Directors may be appointed or reappointed at the annual general meeting.

Billy is a member and wants to nominate for election at the next annual general meeting. Although he is an excellent hairdresser Billy has no business or finance experience.

The two incumbent directors Elle and Belle issue additional shares to themselves prior to the general meeting. The effect of the issue is to alter the voting power and make it impossible for Billy to be elected.

REQUIRED:

Advise Billy about his legal rights. Refer to relevant statute law and case law to support your response.

Attachment:- Assessment Test.rar

Reference no: EM132110239

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Reviews

len2110239

9/11/2018 5:49:42 AM

Correct use of English language, legal terminology & referencing. (10%) Minimal errors in expression, grammar, spelling or punctuation. Full and accurate citation of authorities and sources Thoroughly edited Occasional minor flaws in expression, grammar, spelling or punctuation Authorities and sources are generally cited correctly Well edited Some flaws in expression, grammar, spelling or punctuation May have some missing, incomplete or incorrect citations Some oversights in editing Flaws in expression, grammar, spelling or punctuation A number of missing, incomplete or incorrect citations Edited with little care Frequent or repeated flaws in expression, grammar, spelling or punctuation Inadequate citation of sources Poor editing

len2110239

9/11/2018 5:49:38 AM

Conclusion; analysis of legal consequences or outcomes (20%) Comprehensive and accurate analysis and assessment of possible legal outcomes, consequences and alternatives. Very good analysis and assessment of possible legal outcomes, consequences and alternatives. Adequate analysis and assessment of possible legal outcomes, consequences and alternatives Limited analysis and assessment of possible legal outcomes, consequences and alternatives Mistaken or absent analysis and assessment of possible legal outcomes, consequences and alternatives

len2110239

9/11/2018 5:49:18 AM

Marking Rubric Marking Criteria HD D C P N Identification of legal issues (20%) Comprehensive identification of all relevant legal issues. Identification of most relevant legal issues Majority of relevant issues identified and discussed Limited relevant issues identified and discussed. Little or no relevant issues identified and discussed. Analysis & Argument: application of relevant laws to the facts (50%) Excellent application of law to the fact scenario; Comprehensive and accurate discussion and analysis. Very good application of law to the fact scenario; Accurate discussion and analysis Good application of law to the fact scenario; Appropriate discussion and analysis Satisfactory application of law to the fact scenario; Some discussion and analysis Mistaken application of law to the fact scenario; Little or no discussion and analysis.

len2110239

9/11/2018 5:49:12 AM

8. Word limit: • Maximum 1,500 words: • Please aim for approximately 750 words for each question • Your references and bibliography do not count towards the word limit. 7. Feedback Mode: On-line via Turnitin. 8. Purpose of this test • The purpose of this assessment is to demonstrate your independent problem solving and legal analysis skills. • You need to demonstrate your ability to identify relevant legal issues; provide relevant sources and develop logical arguments that apply legal principles to the facts. • The skills and feedback you gain from this exercise will be valuable preparation for the final exam.

len2110239

9/11/2018 5:49:05 AM

If a mark of 50% or more could be given for this assignment that would be great please and if you can''t do that please don''t mark this assignment. Thanks 1. Due date:17 at 5.00 pm. 2. Weight: 30% of your final grade 3. Format: Two legal analysis questions worth 15 marks (15%) each.

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