Australian tax, corporate and tax laws
Here are questions below
List all 3 functions of government referred to the doctrine of the separation of powers.Please provide an explanation and example to illustrate the role of reach function
2)Describe in detail the major functions of the commonwealth Parliament
3)What is meant by delegated or subordinate legislation and explain why it is particularly important in ensuring clients are properly advised about business compliance ( use example to explain your answer
4)The doctrine of precedent is a fundamental constraint on judicial decision making in Australia.
Example in detail what is precedent and why precedent is important.Use examples to explain your answer.
5. Peter owns a property in regional Western Australia and has made a discovery of gold and nickel in the soil of his property. Discuss in detail: a) whether the valuable minerals belongs to Peter.Why or Why not. B) is he free to exploit them as chooses -? Why or why not
6. Describe what is meant by native title. Include in your answers the legislation that regulates the claims for native title.
7. Describe the ways in which native title can and cannot be dealt with.Include in your answer the body Helps the Federal court in managing and determining native the applications.
8. What is a determination of native title.
9. If federal court decide if native title does exist, what other matters will it make decision about….
10. Joanne,Mark and Marie are clients who operate as a partnership selling cupcakes to the general public. They currently rent retail premises,but are looking at buying their own shop.Advise them as to whether they should co-own as joint tenants or tenants in common, giving reasons for your answer.
11. Candice attends for her property development to maintain its value and character .She would like to set limits on the design of the residential buildings and the materials to be used , even after she was moved on to other projects. what legal process would you recommend for Candice use? Give reasons for your answer
12. What are differences between the Equitable interest in Land and The Torrens system of Land Title?
13. Explain the key features of the Strata Tile, Strata corporation and Community title. Include the main advantages and disadvantages of each one. NOTE: Students are required to legal aspects of property law.
14. What is an easement of necessity and explain how it would rise ? ( Your answer should include what an easement is)
15. The following questions (Q15 _ Q17 relate to Phil and Claire; clients who are interested in investing in real property. You are required to provide them with answers to the following questions. Phil and Claire expect to enter into Torrens Title mortgages to purchase their investment properties. They are worried that if they default on a mortgage ,that the mortgages bank will immediately be able to foreclose the property and they will lose everything.
(A) Is their statement correct ( yes or no answer is required, please provide an explanation to support your answer)
(B) explain to Phil and Claire what is the nature if a Torrens Title mortgage a S what happen if a mortgagor default
16 Phil and Claire are investigating a number of options, including buying a property in the City.
In order to decide whether to invest in an apartment or an office ,they would like to know the differences in leasing to a residential tenant as compared to commercial tenant .
17 Phil and Claire would like to know what is requirement of the Contract for the Sale of Land ,also they are unsure as to why they will need the services of a conveyancer.
They have asked you to explain WHAT ARE THE REQUIREMENTS OF THE CONTRACT for sale of LND ND WHAT A CONveyancing SERVICE WOULD DO FOR THEM ANF IF IT NECESSARY?
18 The following questions (Q18 -Q20) relate to Basil and Sybil. They are partners in a business that manufactures towels and similar items ,called ‘Fancy Towels’. They are keen to raise further capital to expand their business and are seeking your advice on various business and property matters.
Sybil Aunt Maud has recently died and left her a life interest in a house with the remainder t9 be passed to Sybil’s cousin Audrey ,upon Sybil’s death. They are partners in a business called “Fancy Towels” that makes towels and other similar items. They want to raise more money so they can grow their business, and they want your advice on a number of business and property issues.
Sybil’s Aunt Maud just died and left her a share of a house for life. When Sybil dies, her cousin Audrey will get the rest of the house.
Sybil wants to know if she can mortgage the house to raise funds for the business and then leave the land to her own children.
What is your advice to Sybil? Your answer must include the explanation of the life interests .
19. Basil and Sybil own the land on which the Fancy Towels factory is located as joint tenants . Is Basil able to sell the land without Sybil’s permission or leave it in his will to someone other than her?
20. Manuel, Basil’S brother ,has offered to lend Basil and Sybil $100,000 secured by a mortgage against the factory.For various reasons Manuel does not intend to register the mortgage on the certificate of title. If Basil and Sybil subsequently wanted to sell the factory building without paying back the loan , is there any way Manuel can protect his interest?
21. For Australia to become a republic, the constitution has to be changed. What requirements must be satisfied before a constitutional change is valid
