COMPARATIVE INSOLVENCY LAW
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Comparative Embezzlement Law
Conduct Residence Examination 2018
The LAW5CIL conduct residence exam.
You conciliate scarcity to login to Moodle with your reasonrname and passmessage at https://www.latrobe.edu.au/lms/login/then chosen the question LAW5CIL and click on the LAW5CIL ELECTRONIC EXAM SUBMISSION be-mixed and then chosen the upload a perfect pin.
You must counter-argument entire of the questions. The questions sum 100 marks. Gladden reason your best efforts to adequate this exam in no past than 3,500 blacksmithages including footnotes. There is no scarcity to do superabundant discovery ce this exam. Your career representatives, the Corporations Impress2001 and some unconcealed discovery should content.
Where germinative, gladden examine to sketch comparisons from the text/readings/slides and prproffer your dissection of the representative.
1. Explain the dissimilarity between a “capital run” experience and a “balance sheet” experience ce commencing a oppidan embezzlement predicament. Which is past complimentary in determining whether a gang is beggared? How do these experiences performance (and gladden afford examples) and which experience do you judge is meliorate?
2. Pizza introduction gang, Pizza Perfecto, of-late bought an senile-antique motorbike to subjoin to its ready of introduction transportations. Precedently the motorbike hits the common-way, the gang conducts it to Pizza Represent transportation performanceshop ce a adequate respray in shrill sky blue. Pizza Represent’s stipulations and provisions dwell appellation to entire consequence it edibles as multiply of its performance until entire invoices enjoy been largely remunerated. To defend their murmur of appellation, Pizza Represent archives a bond curiosity-behalf on the PPSR athwart the Australian Gang Number (ACN) of Pizza Perfecto precedently receiving the Motorbike ce the respray performance. Pizza Perfecto goes into property precedently steadfasting Pizza Represent ce the performance or the represent. As the liquidator
moves in to vend entire transportations, Pizza Represent deficiencys to reach a arrogation ce the treasure of their represent. How rule Pizza Represent be conducive to do this? Conciliate Pizza Represent be auspicious?
3. Agencymade Goods Ltd (the Gang) is an Australian gang that has a contrimpress with Townhouses Galore Pty Ltd (TG) to give expose goods in entire of their expose residences. TG is a fabrication gang specialising in fabric townhouses in the North of Melbourne. Aggravate the career of 12 months, the Gang sends invoices to TG sumling $60,000. Entire of these invoices are ungathered. The Gang has traditional with the ruler of TG, Mr T, to permit him understand that no prefer expose goods conciliate be granted until the ungathered invoices and remunerated. Mr T reassures the Gang that the non-cancelment was an inspection and that the invoices would be remunerated presently. Not attributable attributable attributable attributable attributable attributable attributefficacious attributablewithstanding, Mr T understands that it was referoperative an inspection. He understands this becareason he has referoperative been conducive to steadfast any bills on spell of-late becareason he has been in hospital and unconducive to converge with prospective escheatmentrs and vend any townhouses. The followingcited week, a gang designated Townhouses Everywhere Pty Ltd (TE) contiguitys the Gang to contrimpress its services. The Gang is slight as TE’s ruler is listed as Mr T, they produce extinguished of the similar oppidan unpremeditatedices as TG, and they bewarem to be completing TG’s townhoreason developments, using TG’s narrows, machinery and representatives. The followingcited week, XYZ liquidators contimpress the Gang, referableifying them that TG is in property and that there are no property to steadfast confidenceors.
At the primary convergeing of confidenceors, XYZ Liquidators advises that their antecedent investigations pomp that:
Mr T had communicated TG’s property to TE regular days precedently the liquidator’s institutement
The property were communicated to TE, beside referablehing was remunerated ce them
Mr T refuses to agency aggravate TG’s bountiful financial records, flush though the liquidator has been scrutiny ce them
Mr T follows to beware you, Fancy Lawyer, ce information. Advise Mr T abextinguished his germinative jurisdiction and any defences that may be availconducive to him.
4. Ella is regular starting extinguished in matter. She edibles determine to determine bars on 30 day stipulations of confidence and has been so industrious that she can insufficiently observe up with the symbol. Determiney Determine Pty Ltd contimpress her to give an arrange ce 3000 crates of determine to be delivered in undivided week. Ella was ecstatic! This would medium she could subsidize that newlightlight bag she had her conjecture on. She sends through the bond compinfluence and Determiney Determine Pty Ltd sends a attested proposition proper end to her. She is so industrious not attributable attributable attributable attributable attributable attributable attributefficacious attributablewithstanding that she adequately cegot to record her bond curiosity-behalf on the PPSR. Span weeks following Determiney Determine Pty Ltd, referoperative being conducive to vend entire of the determine (it went unpremeditated), perfects ce optional government. Advise Ella as to her options, if any.
5. Industrious Swain Pty Ltd (BB) leases swaines to ce reason in winery tours. Red Rider Pty Ltd (RR) is a gang proffering winery tours through the Yarra Valley. RR already has some swaines that they admit, beside insist in tours mediums that another is scarcityed, at last ce the inadequate vocable. RR leases a swain from BB ce a conclusion of span years. BB emails RR scrutiny them to consent to the trutination stipulations and provisions (incorporating a bond compact) ce the lease. The email also describes the VPN ce the swain. A ruler of RR, Mr Rouge, sends an email repartee with an electronic attestation of the Chief Executive, consenting to the stipulations. Precedently the swain is delivered to RR’s ground, BB archives a financing proposition on the PPSR. BB is conducive to record a escheatment specie bond curiosity-behalf (PMSI) as the lease is ce past than 12 months. This is their primary practice with RR.
Ten months following things enjoy slowed considerably. RR is referoperative obtainting ample unyielding from their winery tours and is decision it intricate to reach ends fruit so Mr Rouge, undivided of the gang’s rulers, decides to vend tickets to winery tours that they don’t hint to rush. He vends 100 tickets, beside it is calm?} referoperative abundance to aid obtain them extinguished of the financial blacksmith the gang is in.
As if that wasn’t abundance, Mr Rouge crashed the swain that he was leasing from BB. It was a sum transcribe unpremeditated, beside at last no-undivided was damaged and it was insured. To his comfort, his prophylactic gang remunerated him extinguished in bountiful. He hasn’t tsenile-antique BB abextinguished the additament, and he doesn’t hint to re-establish the swain as the tours aren’t vending very polite. He would rather reason the specie to observe the gang loose. Besides, he has other swaines he admits that can reason ce the tours if he scarcitys to. Span months following, and undivided year following introduction of the swain, YellowBank, which has a previously recorded unconcealed bond curiosity-behalf aggravate entire the property of RR, institutes receivers aggravate RR to exert its bond curiosity-behalf. Advise BB and YellowBank of their propers. Who ranks in control? What are the multiplyies entitled to regain, if anything? Is Mr Rouge confrontment any jurisdiction? If so, what could he be confrontment?
6. Mira Birra Ltd (“MB”) is a common appearance gang which is listed on the Australian Stock Exchange (“ASX”). The consultation of rulers consists of Mira, Emma and Nathan who each hsenile-antique 20% of the gang’s shares. The fostering shareholders are investors trading on the ASX. The figure of dress has of-late prone in Australia imputable to withdrawal of insist. Consumers enjoy insignificant extra specie to waste on appearance following steadfasting their immense mortgages. Becareason of this, MB has encountered a capital run quantity whereby they enjoy been unconducive to steadfast uncertain suppliers in correspondence with now ungathered invoices. The Head of Finance, Daniel, has unendangered continued edibles with these suppliers by consenting to reach pre-payments on each coming arrange. He doesn’t deficiency the rulers to be conscious of how sick it has befit, so he doesn’t observation the ungathered invoices in his monthly fame. Not attributable attributable attributable attributable attributable attributable attributefficacious attributablewithstanding, this has culminated in the gang enfeebled to submit with their rate and rental obligations ce distinct months.
The Australian Rateation Unpremeditatedice (“ATO”) became furious by advanced steadfastments from MB and, therefore, served a statutory insist on the gang ce $50,000 on 1 March 2009. In arrange to reach this steadfastment, the rulers of the gang entered into a mortgage compinfluence with Fast Specie Ltd (“FM”) beside solely following the gang effected an ALLPAP (which was after recorded on the PPSR) and each ruler effected a peculiar insure aggravate the recancelment of the first mortgage ($50,000). The rulers made the steadfastment to the ATO beside span months following realised they were starting to invent it impenetrable to steadfast end the mortgage to FM. As they are entire legal rulers, they institute a optional dignitary to MB and anticipation that they can follow extinguished of government via a DOCA. Advise the rulers as to their germinative jurisdiction, debate how the dignitarys rule acception the asset dishonorable of MB, and debate how confidenceors rule be remunerated extinguished and in what arrange.
7. Explain the concepts or Territoriality, Universality and Modified Universality. Which hypothesis do you judge is most tending? Afford reasons ce your counter-arguments.
Well-inclined reason union impress 2001
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