...Module 3 – Priorities Learning resources Prescribed reading Radan & Stewart, chapter 7 Further reading Radan, Stewart & Vickovich, chapter 7, Essential cases Latec Investments Ltd v Hotel Terrigal Pty Ltd (1965) 113 CLR 265 Heid v Reliance Finance Corp Pty Ltd (1983) 154 CLR 326 Moffett v Dillon [1992] 2 VR 480 What is priority? Where two or more parties have valid but competing interests in the same property, the dispute is a priority dispute. Different rules apply to resolve priority disputes depending upon the nature of each party’s proprietary interests in the property. Factors relevant to the resolution of these disputes include: * which of the competing rights arose first in time; * whether the holder of the rights arising later in time was aware of any prior interests; * the conduct of the holder of the earlier interest. The rules for determining priority of interests should be studied in conjunction with Module 2 in this course and should also be considered in relation to competing assignments of equitable interests in the course on Trusts. The priority rules Competing legal interests The general rule for determining priority between competing legal interests is that priority is given to the one created first in time. Competing priority of company charges is determined by the Corporations Act 2001 (Cth). Competing equitable interests The general rule Where the competing interests are equitable, the general rule is that if the...
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...1. Complete the following table to address the creation of teams at Riordan Manufacturing. Strategy | Strengths | Weaknesses | Identify the objectives | Setting goals will allow each team member to understand their role and the pace at which the work must be completed. | Adequate feedback is not provided to team members | Steady communication | Keep the communication steadly flowing within the group, any miscommunication should be resolved at the present moment. | Too much empasis can be placed on solving the problem; time wasted sitting down to communicate can take away from production and slow down work pace. | Conflict Resolution | Identify conflict and find solutions to these problems. | Team member in charge of resolving coflict may be afraid to confront the employee for fear of making the situation | Trust building | Establish trust, allow each member of the team to give their input. Allow team members the opportunity to lead or be given leadership positions | Once trust is violated it is very difficult to get it back. | 2. Identify the team formation strategy that is most suitable for Riordan Manufacturing, and provide the rationale for the decision. Your response should be at least 100 words. 3. What potential barriers may arise during team formation? How will you address these barriers? Your response should be at least 100 words. 4. What measures will be put in place to evaluate if the team is operating successfully? Your response should...
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...I. Introduction A. Franklin & Moore LLC is an accounting firm offering traditional accounting services and business consulting. The firm's reputation is impeccable and is known throughout the San Clemente, California area as one of the top three accounting firms. Franklin & Moore LLC serves the accounting and financial needs of businesses and individuals to enable them to realize their financial goals. Their target markets include the following: •Businesses of more than 50 employees and/or $5 million in annual sales, particularly those in the medical/health, dental and lodging industries. •Growth oriented businesses that will benefit from the areas of pension and retirement planning specialization. •Individuals with a net worth of greater than $1.2 million. II. Problem Statement A. Focus : 1. Industry or economic downturns - At this time, the targeted industries are experiencing solid growth in our area. If industry growth does not occur, we will re-examine our select industries and/or activities and change our focus and direction. 2. Loss of key resources - Losing key individuals in the firm could result in lost accounts or lost areas of expertise. We need to review our "Stage 2" strategy if any person in the firm should not be able to perform their function. 3. Online tax services - Competition from any geographic location may emerge from online services conducted by larger and better funded firms. 4. Tax law changes - Simplification of tax laws is unlikely, but will...
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...| | |Charters and legal reforms, circa 1773 | |An examination of the systems established by the Tea Act in America, Regulating Act in India and Maria | |Theresa’s policies in Austria. | | | FOREWORD: Lord Fredrick North, the second Earl of Guilford was the Prime Minister of England from 1770 to 1782. He was the Prime Minister during the passing of the Regulatory Act, 1773 in India and most of the American Revolution. During the 1745- 1780, Maria Theresia Walburga Amalia Christina (Maria Thereresa) ruled the Austrian throne. In India, Lord North passed the Regulatory Act, 1773 which decreased the power of the East India Company, the Tea Act of 1773 in America to give the East India Company trade monopoly over tea trade while Maria Theresa made various reforms in the administrative and legal system. There were various legal and administration systems present in and around the year 1773 and some of these are examined here: namely the Tea Act, 1773 (America), the Regulating Act, 1773 (India) and Maria Theresa’s legal and administrative reforms (from 1745 to 1780). ...
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