LEGAL ASSESSMENT

Legal Assessment

[Student Name]

[Course Name]

[Instructor Name]

Part A

The Assignment is related to the case of Raulfs v Fishy Bite Pty Ltd. The assignment evaluates the case and has significant analysis and identifications of laws and provision. The assignment has identified several cases related to it. This case is related to the partnership and company law.

Company Law

The company law in the Australia is the body of law that deals with corporations created under the Corporation Act 2001. Also regulated by the Insolvency Act 1986, the Code of Corporate Governance in the Australia, the directives of the European Union and court cases, the company is the main legal vehicle for organizing and running the business. Tracing its modern history in the late years of the Industrial Revolution, corporations now employ more people and generate more wealth in the Australia economy than any other form of organisation.

The Australia was the first country to prepare the statutes of modern societies, where through a simple registration process can incorporate any investor, limit the liability of management to creditors in the insolvency of companies, and where administration was delegated to a centralized board of directors. Influential international model, the Australia law has always given people ample freedom to design the internal rules of business, provided that the mandatory minimum rights of investors under its laws are met .

The Corporation Act 2001

Britain has upgraded its corporate law with the so-called comprehensive Corporation Act 2001. This was announced by the German-Australian Chamber of Commerce and Industry on 21.3.2007. The Corporation Act 2001 applies, inter alia, companies in the form of a private company limited by shares (limited), public company limited by shares (plc), and in July 2005 established community interest company (CIC) and to facilitate the establishment and management. In English law the place of the registered office is not an element essential to the jurisdiction of Australian courts. Different rules exist when one is dealing with a company registered in England and a foreign company who has a "branch in Australia" or who has established a business in Australia, which is not as a branch of the company. The Corporation Act 2001 is set in pieces in place. From January 2007 the following rules are in force: The share register (registered office) has been converted to electronic operation. This relates to the filing, viewing, publishing and storage of information about the company .

Companies must provide certain minimum information such as name, place of registration, registration number and address of the registered office on websites and electronic documents. Companies may communicate with each other via a website. This should lead especially in societies with many members to considerable cost savings. The directors of the company are personally liable for false or misleading information in the Annual Report, the report on the remuneration of the directors or in a summary financial report based on any of the above two documents(Banks 2007, pp. 68). The Director is responsible for these rules in the rule only if he acts intentionally or recklessly .

In April 2007, is expected ...