The law to apply to this question is the New South Wales territory in Australia.
In order to meet the word limit, students should concentrate on the issues raised by the facts and provide an adequate discussion of these issues. STUDENTS ARE NOT REQUIRED TO SET OUT THE FACTS.
We recognise that in practice, solicitors and barristers would begin a letter of advice with a statement of the facts on which their advice was based. However assignments (and exams) are artificial, and as they are all based on the same facts – in respect of which there is no contention – it is not necessary to repeat the facts.
Reference and Research Materials
For the most recent developments in the law, and for further detail, reference and research purposes, students should consult the following resources depending upon the topic:
Textbooks
⢠Keith Fletcher, The Law Relating to Non-Profit Associations in Australia and New Zealand (Law Book Company (Thomson Reuters), 1986) (Out of Print)
⢠Keith Fletcher, The Law of Partnership in Australia (Thomson Reuters, 9th ed, 2007)
⢠Stephen Graw, An Outline of the Law of Partnership (Thomson Reuters, 5th ed, 2018)
⢠Paul Redmond, Corporations and Financial Markets Law (Thomson Reuters, 7th ed, 2017)
⢠Robert Austin & Ian Ramsey, Fordâs Principles of Corporations Law (LexisNexis, 17th ed, 2017)
Legislation Commentary
⢠Australian Corporations Law, Principles and Practice, vol 1-…, LexisNexis, Australia (available online via the Library)
⢠Australian Corporations and Securities Law Reporter, vol 1-…, CCH, Australia (available online via the Library)
Case Reports
⢠Australian Corporations and Securities Reports, (1989 – …), LexisNexis (available online via the Library)
⢠Australian Company Law Reports, (vol 1-15)(1974 – 1989), LexisNexis (available online via the Library)
⢠Australian Company Law Cases (1971 – …), CCH, Australia (available online via the Library)
Journals
There are a number of specialised journals which contain useful research that is relevant to this subject. Included are:
⢠Companies and Securities Law Journal, Thomson Reuters (available online via the Library)
⢠Australian Journal of Corporate Law, LexisNexis (available online via the Library)
⢠Australian Business Law Review, Thomson Reuters (available online via the Library)
Internet
Useful websites include:
⢠Australian Legal Information Institute: http://www.austlii.edu.auLinks to an external site.
⢠Law and Justice Foundation of New South Wales: http://www.lawfoundation.net.auLinks to an external site.
⢠Australian Securities and Investments Commission: http://www.asic.gov.auLinks to an external site.
⢠New South Wales Department of Commerce Office of Fair Trading: https://www.fairtrading.nsw.gov.au/Links to an external site.
Research and University sites:
⢠Understanding Company Law – Lipton-Herzberg Links to an external site. – An excellent site with many corporations law resources
⢠Centre for Corporate Law and Securities Regulation Links to an external site.- (University of Melbourne)
Articles:
⢠Gonzalo Villalta Puig, A Two-Edged Sword: Salomon and the Separate Legal Entity Doctrine Links to an external site. (E-Law, September 2000)
Legislation:
⢠Associations Incorporation Act 1984 Links to an external site.(NSW) (repealed legislation)
⢠Associations Incorporation Act 2009 Links to an external site.(NSW)
⢠Partnership Act 1892 Links to an external site.(NSW)
⢠Corporations Act 2001 Links to an external site.(Cth) (on AustLII)
⢠Corporations Act 2001 Links to an external site.(Cth) (on Federal Register of Legislation)
The law to apply to this question is the New South Wales territory in Australia.
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