Difficult Situation - Free Essay Example

Sample details Pages: 1 Words: 306 Downloads: 2 Date added: 2018/12/29 Category Politics Essay Type Argumentative essay Level High school Topics: Barack Obama Essay Osama bin Laden Essay United States Essay Did you like this example? The toughest decision that someone is faced with is always the smartest that can be made. Most leaders know it is the decision that they have to make but it is the hardest to make. Leaders get it hard to make a certain decision because they feel that they need to please their followers. They want to limit frustrations amongst their followers and also to be appreciated for their leadership. Making tough calls by leaders may jeopardize several things. This paper focuses on the toughest decision that U.S president Obama had to make to kill Osama bin Laden. Barack Obama had a toughest decision to make when he sent in Special Forces to kill Osama bin Laden. His decision could come with severe consequences in case it failed. When the CIA thought that they had allocated Osama, he took the risk of sending in Special Forces even though no one was sure about that and he could not sneak in a spy into his compound in Abbottabad because it could be much riskier. The consequences of his decision could be a one-term president just as he had been promised by Mitch McConnell in case his decision failed. Suppose the forces couldnt have killed Osama, then the downside of his call could have been horrible for him. Don’t waste time! Our writers will create an original "Difficult Situation" essay for you Create order Obama took a harder and a more honorable decision to make. But it had the best result. Obamas decision had a massive consequence which could see him miss his next seat as president. In case the mission failed, Obama could have had a tough time in office. In my opinion, Obamas decision was the most brilliant call that he could make at that time. I would also make the same decision to risk in killing an individual than risking the outcome which could see several Americans killed by Osama.

The Rate Of Divorce Has Changed - 1451 Words

1. Families have changed mostly in durability and types of marriages as well as some equality changes. The amount of successful marriages has decline since 1960, the rate of divorce has gone up even though it has declined some since 1975. (Macionis, 2013, pg.351) More types of marriages are allowed now in most places, such as interracial marriages and same sex marriages. Economic standings has caused it to be necessary in most families for both parties to work to support their families, which leads for a less structured home life for children in a lot of cases. There are also alternative types of families such as one-parent families or cohabitation families. Though most people get married many do not stay married in 1950 one house in ten had a single person, now 28% of them have a single person. (Macionis, 2013, pg. 354) Also where as men seemed to be primarily dominant and had little to do with child rearing in the past things now with both parents working seem to be more equal in more of the households. In addition, there are an increasing number of men who choose to be a stay at home dad while mom works. I do not know if I would go so far to say I think traditional families should stay the same, I do not think it would work anymore and I am not sure I would want it to. I do think it would be better for people to take marriages more seriously. I don’t agree with making vows in front of our family, friends and for some of us God and then when things get a little hardShow MoreRelatedThe Issue Of Divorce Over The Years903 Words   |  4 PagesDefinitional Argument Essay According to the CDC and the Census Bureau, a lot more of marriages have been ending in divorce over the years. Why have the rates for divorce changed so much throughout the years? Over the years, everything from hairstyles to phones has changed, including marriage. Marriage is the legally recognized union of a man and a woman as partners in a personal relationship and should be one of the biggest decisions in someone’s life. Although nowadays, it seems as ifRead MoreReasons Why Japanese Women Have Changed Their Mind978 Words   |  4 PagesJapanese life. The trend towards late marriage and the number of unmarried people have increased year by year. There are mainly two reasons why Japanese women have changed their mind. It is said that this situation in Japanese society is related to the social and economic factors deeply. Also, I will write about the latest trend towards divorce and a decreasing number of children because they are related to the marriage. The first point is a diversity of people’s sense of values. It was consideredRead MoreThe First Wave Of Feminism1230 Words   |  5 PagesThis may seem conflicting with the whole baby boom phenomenon, and although the boom of children born after World War II did occur, the divorces still occurred after the rush of a rash marriage had passed and women’s husbands had returned from war alive. An important component of the historical timeline is the change in the role of women in society. Women had experienced change during the first wave of feminism and gained suffrage, but during the second wave feminism women experienced a change thatRead MoreHigh Divorce Rates1163 Words   |  5 PagesWhy is the Divorce Rate So High? Intro to Sociology April 25, 2006 A question that has been plaguing sociologists for years is the issue of high divorce rates. Since the 80s there has been an extremely high rate of divorce in our country. In statistics I found from 2004 the percentage of divorce was at 47(NCHS). This question has been studied vigorously, sociologist have looked in every direction for one solid reason that our divorce rate is so high, even compared to other developed countriesRead MoreEvolution of the Typical American Family Essay1388 Words   |  6 PagesAmerican family has come a long way and has changed a lot overtime. Liberals and conservatives have their own views on the American family today. It is very tough to raise a family nowadays. However, there are some easier ways to raise a family today as well. Some of the things that I will talk about are divorce and its effects, welfare, abusiveness on children and wives, and a couple of articles in the book, Families in the U.S. One tough thing about todays American family is divorce. In 1816Read MoreEssay on Diversity in Types of British Families595 Words   |  3 Pagesin Types of British Families Britain has changed in many ways in recent years, not just by advancing in technology but in social ways too. One of these ways is the diversity in types of families. Fifty years ago, in would be extremely unusual to have a divorced family, a un cohabiting couple with children or lone parent families. Nowadays, Britain has the highest divorce rate in Europe and 40 percent of marriages end in divorce. There are a few reasons for this andRead MoreTraditional Marriage Has Changed Over The Centuries1166 Words   |  5 Pagesmarriage recognized in a given country or religious group. Traditional marriage has been in jeopardy since the traditional concept of marriage has changed over the centuries. One reason why traditional marriage is in jeopardy is because same-sex marriage has increased, especially because it’s legal in the USA. Another reason traditional marriage is in jeopardy is the acceptance of high divorce rate. Traditional marriage has become irrelevant in today’s society where many couples remain together withoutRead MoreHigh Divorce Rates1469 Words   |  6 PagesFamily Institution (High Divorce Rates) Have you ever been to a traditional wedding? They are the most beautiful breath taking experience that you have ever seen; many symbols like the exchange of rings, uniting candle, flowers, bride’s maids and best man, and the bride in a beautiful white dress. Also weddings are a lot of fun too. They are the start of a family institution. On the flip side they are expensive and stressful for the couple at hand and the odds of staying together are onlyRead MoreHow Divorce Has Changed Changing Society1491 Words   |  6 Pagescorrelation, causation, and effect. One topic that has benefited from the use of statistics to measure its effects is divorce. Divorce is defined as the legal process of dissolving a marriage, thus separating two individuals (Merriam). From generation to generation, divorce has been on a steady increase. The annual rate of divorce more than doubled between the mid-1960s and the early 1980s (Croteau). As of recent, statistics show an increase in divorce r ates from less than 20% to nearly 50% since 1960 (Croteau)Read MoreThe Effect of Law Changes on the Growth of Divorce Rate Essay731 Words   |  3 PagesEffect of Law Changes on the Growth of Divorce Rate Divorce is the legal termination of a marriage. There is no doubt that divorce is much more common, becoming a norm almost. If present trends continue, it is estimated that 1 in 3 marriages will end in divorce, but is it the alteration in the legal grounds that is causing this trend? In this essay I will look at the other aspects that could be the foundation for the growth of divorce and state which I think is the most

Organisational Development Strategy Free Essays

Introduction Change is a constant thing and this transpires within world in many ways. As the world becomes more complicated and increasingly intertwined, changes ostensibly far away affect us. Thus, change may sometimes appear to occur frequently and arbitrarily. We will write a custom essay sample on Organisational Development Strategy or any similar topic only for you Order Now We are gradually becoming cognizant of how connected we are to one another and to our world. Organizations must withal be cognizant of their holistic nature and of the ways their members affect one another. The incredible amount of change has coerced individuals and organizations to visually perceive â€Å"the immensely colossal picture† and to be cognizant of how events affect them and vice versa. Organization development is a new term which means a conceptual, organization-wide effort to increment an organization’s efficacy and viability. Warren Bennis has referred to OD as a replication to transmute, an intricate educational strategy intended to transmute the notions, attitudes, values, and structure of an organization so that it can better habituate to new technologies, markets, challenges, and the dizzying rate of change itself. OD is neither â€Å"anything done to better an organization† nor is it â€Å"the training function of the organization†; it is a particular kind of change process designed to establish a particular kind of end result. OD can involve interventions in the organization’s â€Å"processes,† utilizing behavioural science knowledge organizational reflection, system amelioration, orchestrating and self-analysis. International Business Machines Corporation (IBM), incorporated on June 16, 1911, is an information technology (IT) company. IBM operates in five segments: Global Technology Services (GTS), Global Business Services (GBS), Software, Systems and Technology and Global Financing. GTS primarily provides IT infrastructure services and business process services. GBS provides professional services and application management services. Software consists primarily of middleware and operating systems software. Systems and Technology provides clients with business solutions requiring advanced computing power and storage capabilities. Global Financing invests in financing assets, leverages with debt and manages the associated risks. In May 2012, the Company acquired Varicent Software Incorporated. In May 2012, the Company acquired Vivisimo. In June 2012, the Company acquired Tealeaf Technology, Inc. On August 1, 2012, Toshiba Tec Corporation acquired the retail store solution business from IBM. In September 2012, it acquired Butterfly Software Ltd. In October 2012, it acquired Texas Memory Systems. In October 2012, the Company announced the opening of three new branch offices in ASEAN, which are located in the cities of Ipoh and Malacca in Malaysia and Bandung in Indonesia, and announced the opening of three new branches across Brazil. In December 2012, the Company acquired Kenexa. In February 2013, it completed the acquisition of StoredIQ. In April 2011, the Company acquired TRIRIGA, Inc. In October 2011, the Company acquired i2. In October 2011, the Company acquired Algorithmics. In October 2011, it acquired Q1 Labs Inc. In November 2011, the Company opened in Romania its European site for developing and testing IBM switch and networking hardware and software. In December 2011, the Company completed the acquisition of Curam Software Ltd. In January 9, 2012, the Company acquired Platform Computing. In January 11, 2012, the Company acquired Green Hat. In February 1, 2012, the Company acquired Emptoris Inc. In February 15, 2012, the Company acquired DemandTec Inc. In February 10, 2012, the Company completed the acquisition of Worklight. In March 2012, the Company opened a new branch office in Ludhiana, Punjab, India. (http://www. reuters. com/finance/stocks/companyProfile? symbol=IBM) In 1992-1993, IBM began to lose money and struggled to meet payroll for the over 300,000 employees because of the changing market landscape. Louis Gerstner, the recently appointed CEO, saved the company by changing IBM’s culture and business model. As we know now one of IBM’s core businesses is consulting, which had not been a key component of the legacy model. It seemed like IBM was facing a similar, if perhaps more dire, situation to Merrill Lynch in the mid 2000’s. (http://professorjickblog. com/post/4194417315/organizational-change-at-ibm) IBM helped pioneer information technology over the years and it stands today at the forefront of a worldwide industry that is revolutionizing the way in which enterprises, organizations and people operate and thrive. The pace of change in that industry, of course, is accelerating, and its scope and impact are widening. In these pages, you can trace that change from the earliest antecedents of IBM, to the most recent developments. You can scan the entire IBM continuum from the 19th century to the 21st or pinpoint — year-by year or decade-by-decade — the key events that have led to the IBM of today. (http://www-03. ibm. com/ibm/history/history/history_intro. html) IBM has been in the industry for a hundred years already but this paper will focus on the organizational changes and developments with the company for the past 20 years. Brief History In 1911 IBM was first incorporated in New York as the Computing-Tabulating-Recoding Company. The company’s history, however, can be traced back to 1890, when the United States was receiving waves of immigrants. To meet the needs of measuring population the US Census Bureau sponsored a contest to find the most efficient means of tabulating census data. The contest was won by German immigrant and Census Bureau statistician, Herman Hollerith. Hollerith formed the Punch Card Tabulating Machine Co. in 1896. In 1911 Hollerith’s company merged with Computing Scale Co. f America and International Time Recording Co. to form Computing-Tabulating-Recording Co. The company manufactured and sold products ranging from commercial scales and industrial time recorder to meat and cheese slicers, tabulators and punch cards. In the beginning the company operated in New York City only. Within a short period of time, however, it quickly expanded its office and plants to other parts of New Yo rk State, Washington, DC, Ohio, Michigan and Toronto, Canada. In 1914 Thomas J. Watson joined the company and became the president of the company within eleven months. Under his leadership the company continued to expand its products and services. At that time the company focused on producing large scales custom built tabulating solutions for businesses. Within ten years Watson had expanded the company’s business operations to Europe, South America, Asia and Australia and in 1924 the company was renamed International Business Machines Corporation (IBM) to reflect the firm’s worldwide expansion IBM refers to the decades between 1939 and 1963 as the ‘Era of Innovation’. During this period the company’s product line expanded ignificantly. In 1891 IBM introduced personal computers (PCs) for small businesses, schools and homes. For first time, IBM collaborated with Intel and Microsoft to produce personal computers. In 1985 IBM introduced local area networks (LAN), which permitted PC users to exchange information and share printers and files within a building or complex. IBM established a foundation for network computing and numerous applications of PCs. In 1993 Louis V. Gerstner, Jr, a former executive at American Express, Nabisco and McKinsey Co. joined IBM as CEO. Gerstner emphasized the need to provide integrated solutions for the company’s customers. He also decided to keep company, together instead of splitting it into separate independent companies. Today IBM’s strength lies in its combined expertise in solutions, services, products and technologies. http://historyofbusiness. blogspot. com/2009/04/brief-history-of-ibm. html How IBM does their Organizational Development IBM has launched one of its companies fixating on business strategies and development. So therefore, they will be one of the good companies that we can optically canvass and study how they remain successful over the years. IBM Global Business Services offers one of the largest strategy transmute practices in the world, their strategy transmute practice amalgamates business strategy with technology insight to help organizations develop, align and implement their business vision across four strategic dimensions – business strategy, operating strategy, organization change strategy and technology strategy – to drive innovation and magnification. This is withal one of the reasons why IBM is capable of transmuting quickly and successfully. Instead of going with the latest trends, they mold, develop and lead them. By combining the proven talent with the deep research, scale and scope of IBM, they have built a unique approach to industry solution development. This approach allows them to address the opportunities that matter most and deliver business outcomes with faster time-to-value. The IBM strategy and transformation practice helps expand the horizon possibilities while implementing with rigor. Its three areas of competence are aligned to drive opportunity and execute across the value chain. The insight provided by innovation and growth services allows setting an overall direction for the organization by developing sustainable business, customer and technology strategies. Their capabilities within the operations and finance area help optimize how the organization functions to drive higher performance. And finally, with organization and people expertise, they can develop and lead the talented individuals who create value and competitive advantage. With over 100 years of business and technology experience, IBM has demonstrated its ability to drive performance through continuous transformation of their business model, operations, technology and workforce. Their strategy and transformation practice draws upon these experiences as well as extensive IBM assets and best practices. With consultants in over 170 countries and deep expertise in 17 industries, IBM has proven the effectiveness and value of its approach. IBM thought leadership and research – acknowledged by analysts as among the best in the industry – are based on market-driven intelligence, in-depth interviews, and our own transformation story. IBM has a long track record of success in helping companies chart a course for business transformation. This commences with strategic orchestrating that can envision a broad range of future scenarios. Their consultants fixate on results, through the development of business models and executable strategies that foster innovation, sustainable magnification and profitability. They help companies and organizations build on key strategic drivers such as new product and accommodation offerings, dynamic market opportunities, new channels and greater customer insight to create greater competitiveness. Our team of strategists provides a clear roadmap for differentiation predicated on business model innovation, implemented through efficient processes and operations. Definitely by doing this, they have also implemented these strategies within their organization and have proven to have good results. (ftp://public. dhe. ibm. com/common/ssi/ecm/en/gbb03089usen/GBB03089USEN. PDF) The processes and strategies that they have developed and proved over the years are also the factors why their organization is very stable. According to their website, below are some of the services that they offer and most likely apply within their organization as well. IBM’s Organization and Workforce Transformation offering assists clients with two transformational imperatives: firstly, it enables them to transform their workforce into the productive, innovative and high-performance force necessary to survive and thrive; secondly it manages the people elements in any transformation being undertaken (process optimization, business model transformation, etc. Our services include: * Learning transformation: Addresses the need to inspire and equip people in business to improve performance, skills and knowledge for the following results: aligning learning initiatives with organizational and business goals, developing learning strategies, and harnessing the power of technology to enhance learning and performance. Talent management: Design strategies and solutions to align talent management with business priorities, c overing talent sourcing, performance, succession management and rewards and recognition. This solution includes process design, systems implementation, change management and talent analytics. * Social business: Drive innovation and growth by connecting people to people, people to data and information, and people to personal and institutional knowledge inside an organization and across the larger organizational ecosystem. Workforce analytics and optimization: This offering leverages analytics to design evidence-based strategies and practices for optimizing workforce performance and productivity to develop information strategies, and a workforce measurement framework, which can help identify key metrics and align with employee goals. Organization design: Organization design enables enterprises to align their organization with new or existing business models and strategies to maximize effectiveness by clarifying work responsibilities and redefining jobs and their relationships to one a nother (structure), governance mechanisms, and other organizational elements to drive new behavior supporting strategic change and business results. * Change management: Change management is a roactive and systematic approach to deal with change from the perspective of an organization, a group, or at the individual level. Change management helps ensure that people impacted by the changes (technology) understand, accept and commit to changes; thereby mitigating risks and achieving long term benefits faster. (http://www-935. ibm. com/services/us/gbs/strategy/talent-and-workforce-management. html) During the course of the changes that took place in their organization, there were challenges encountered. Based on the researches conducted, below are the most significant challenges that took place when implementing their change projects. 1. Changing mindsets and attitudes 2. Corporate culture 3. Complexity is underestimated 4. Shortage of resources 5. Lack of commitment of higher management 6. Lack of change know how 7. Lack of transparency because of missing or 8. wrong information 9. Lack of motivation of involved employees 10. Change of process 11. Change of IT systems 12. Technology barriers And based on the challenges mentioned above, they were able to come up with factors that contributed to the successful change. It is normal to have resistance to different types of change especially having a big organization like IBM. Below are some factors that contributed to the effectiveness of the different changes in their organization: 1. Top management sponsorship 2. Employee involvement 3. Honest and timely communication 4. Corporate culture that motivates and promotes change 5. Change agents (pioneers of change) 6. Change supported by culture . Efficient training programs 8. Adjustment of performance measures 9. Efficient organization structure 10. Monetary and non-monetary incentives ftp://public. dhe. ibm. com/common/ssi/ecm/en/gbe03100usen/GBE03100USEN. PDF The most fruitful success strategy is to begin with leadership tools, including a vision or story of the future, put the change in place with management tools, such as role definitions, measurement and control systems, and use the pure power tools of coercion and punishments as a last resort, when all else fails. The purpose of business strategy is to exploit the capabilities of the company to gain and sustain competitive advantage in accommodating the desiderata of customers in a chosen rialto. An effective business strategy will provide good answers to questions on business scope, customers’ needs, how the enterprise will exploit its advantages, and on how competitive advantage will be achieved. It will withal describe the main actions compulsory to implement the strategy and the reasons why the vicissitudes are compulsory. Summary All in all the reason for IBM Global Business Services’ success is because they have methods and strategies that have been tried and tested over the years that they have been in this industry. Also one of the factors for success is having open minded members of the organization who are always open and welcome to change. Somehow, the company also has its own ways to make the employees and members of the organization understand and help them to adapt through the course of these changes. Resistance to change is normal but with proper guidance and support from the whole management team, members of the organization will feel at ease and motivated, hence, will embrace the change. Today, businesses must bring more innovative products and accommodations to market, more quickly than ever before. IBM makes utilization of best practices to help companies become more rigorous in their approach to development and lifecycle issues – not only to ameliorate speed and cost, but withal to enable the perpetual amelioration of products How to cite Organisational Development Strategy, Essay examples

Australian Corporate Acts Securities Law Case Study

Question: Describe about the Australian Corporate Acts for Securities Law Case Study. Answer: Case study Corporations and securities law case study NSX Limited vs. Pritchard FCA584 (22 May, 2009) NSX Ltd was requested by shareholders to call a general meeting to remove the existing directors and elect new directors. The shareholders commanded a 5% votes as required by the Corporations Act 2001. NSX informed the ASX of the directors intention. The directors must call a meeting within 21 days after a request. Members can only be allowed to conduct their meeting if this is not done as stipulated in section 249E. Surprisingly, on the 21st day, directors called a meeting and authorized a meeting to the ASX which in turn sent the notice of the meeting to the shareholders [1]. Instead the shareholders called their meeting and pursued their agenda of removing the directors. The federal court ruled in favor of the directors by specifying that the directors called a meeting before the elapsing of 21days time limit as stipulated in section 249E of the corporate law however there was no written notice. His honor out ruled the need of a receipt of notice though it is a necessity under sec tion 249D. This could be a significant consideration in evaluating whether the directors had complied with their duty to call a meeting on the deadline date after receiving shareholders request long enough. Could the directors have failed to call the meeting within the day limit of 21 days, shareholders would have won. (www.legisltion.vic.gov.au). Roles of Corporate Act Guides company formation process The Australian Corporate law serves as a legal entity created by legislation. The law therefore stipulates to private limited companies terms and conditions of their formation. For instance the law specifies ownership, profits, annual audits, and stake holders liabilities. Corporate governance Australian courts shape conducts and responsibilities of directors in private and public sector. Securities and Investment Commission keeps the executive team of the company under check through audit systems to enhance fairness and accountability on their administrative roles and assets management. Such a move helps companies to be consistence and survive within their jurisdiction through effective resource management plans and mobilization techniques (Australia O'Neill, 2013). Managers therefore are tasked with the responsibility to ensure their companies have functional financial and audit committees with independent directors to review internal accounting standards. Under this law, recommendations are made that the chief executive officer post should be distinguished from the chairs position for effective management. Further recommendations state that there should be more independent directors including the chairperson. Moreover, companies should have remuneration committee under an independent director[2]. The corporations Act 2001(section 184) demands directors to act in good faith and effectively use their position. Provisions of this act consider it an offense if the director is reckless or dishonest and fails to execute his duties in good faith in a proper manner. Directors, staff and other officers should therefore act fairly with no intensions of personal gain. Information should equally be truthful and used for the intended purpose (Clark, In Stuyck, In Terryn, 2015). Checks companies constitutions To enhance accountability and performance, Australia allows for removal of non-performing directors by majority rule. In public companies, CAP 2001(203D), demands that a two months notice be issued to the director and he or she should be given a hearing. Alternatively, the case is different on the private companies where removal follows a simpler procedure. For instance, in the case study, his honor was right since the 21days had not yet elapsed when the board called the meeting. Shareholders had a prior knowledge of the directors meeting but they choose to neglect it which was unconstitutionally contributing to their loss in the case presented (Elkington, Hall, Kell, Elkington, 2010). Safeguarding shareholders rights The Corporations Act safeguards shareholders rights by identifying their voting rights. Each stakeholder has one vote per share in the advent of a poll. The Australian Stock Exchange follows also recognizes shareholders position via their votes[3]. Directors must comply with shareholders demands of a meeting if members with 5% voting rights request a forum via writing specifying the resolutions they wish to pass. Ideally, members in a general meeting hold power to amend or alter the acting company constitution by a 75% vote. Members equally hold powers to contest against the directors pay. Basically, directors pay themselves and in some instances they could immerse companys resources for themselves until the Corporations Amendment law and the Corporate LAW Economic Reform Program Act of 2011 and 2004 was established by stakeholders to improve on accountability and remuneration (Law Society of Western Australia, 2012). Guides directors in performing their duties The Act foresees the loyalty and duty of care predispositions to ensure that directors act to the best interests of the organization. Australian directors as compared to other countries, create shareholder value as their primary obligations. The act ensures that the executive members avoid conflict of interests at all costs. Avoiding any potential harm to the organization is a key objective of the management. Therefore, directors who wish to take an opportunity in which the corporation may also have an interest must have a fully informed consent of the board lest the opportunity belongs to the company CA2001 (182-183). Further, any deal with huge transaction must be approved by members CA 2001(207-230). Proper oversight should be created by the directors to safeguard the position of the company therefore any default with regards to this provision is punishable. (www.australiansecurityandinvestmentcommisionvrich./vic.gov). Shareholder litigation Shareholders are allowed to litigate over a breach of duty owed to the company to ensure that the best interests of the company are acted upon adequately. The court is also mandated to give a leave if need arises[4]. Takeovers Under the Corporations Act 2001, chapter 6, transactions control and restrictions apply to ensure companies do not become unfair monopolies as far as business and foreign investment is concerned. This section allows for employee protection and industrial protection under the legislations of the state. Unfair dismissals are legitimated as well and proper compensation is equally achieved (Solomon Solomon, 2004). Other Laws that Guard Companies ASIC Act 2001 The Australian Security and Investments Commission and Consumer protection Act ensure that consumers and companies are protected against any financial loss. Basically this body provides security in investments to ensure financial services of companies are met proficiently. ASIC also establishes corporations and markets advisory to experts for a healthy business environment (Victoria, 2012). ASIC commission has been involved in a series of cases with regards to breach of duties. For example, in March 2006, the federal court filed a case against Fortescue Metal group Ltd. and the CEO; a substantial shareholder of the company for breaching a contract with the Chinese Corporation by giving misleading announcement. The terms however were uncertain and dismissed by Justice Gilmour on defense that they allegations were not worthy a legal enforcement. Claims included; Fortescue deceived its conduct by breaching requirements of section 674 of the Corporation Act 2001. The CEO also infringed s ection 180(1) of the Act by discharging his duty with less diligence. Insurance contract Act 1984 The Act handles reforms relating to contract of insurance to strike a balance between insurers, the insured and the public interests (Turner, 2009). This law is solely concerned with terms of agreement between parties to ensure fairness is achieved at all levels and conflicts are minimized. For instance, in July, 2013, Richard Swansson successfully sued his adviser Rusell Harrison for non-disclosure of Swanssons material facts concerning his health that left him uninsured. Section 29(3) of the Insurance Act allows an insurer to terminate contract of life insurance due to breach of duty in disclosure of information before the contact after a period not more than 3years has elapsed. (https://riskinfo.com.au/case-studies/2014/05/28/case-study-swansson-v-harrison/) Wrongs Act 1958 This law was enacted by Queens Excellent Majesty following the advice and the consent of the legislative council and the assembly of Victoria by the current parliament. The law addresses negligence caused while on call yet with prior knowledge of the risks involved. It holds the neglectors responsible for compensation. For instancecs, in May 2016, the high court held Dr. Kam responsible for medical negligence involving failure to warn Mr. Wallace against the risks involved in the operation. Ideally, Mr. Wallace would have rejected the medication procedure prescribed by Dr. Kam could he have been informed of the risks that caused him neurapraxia. (https://www.corrs.com.au/thinking/elsewhere/the-high-court-takes-a-defendant-friendly-approach-to-extending-the-scope-of-liability-for-a-failure-to-warn/ ). Competion and Consumer Act 2010 The Act relates to fair competition, trading, and consumer protection. Competition under this act is defined as a practice of businesses sharing similar markets. It therefore demands that companies should be honest in their pursuit of winning the market share by using right promotional campaign strategies. Consumers are protected against unfair measures of scale such as quality, quantity, price, and other standards defining user protection for example ingredients amongst others (Farrar, 2001). In August 2005-May 2008, Crafmatic Company was reported to have been using tricks to lure older persons into agreement with home presentation of their sales representative. The sales person would convince the consumer to buy the companies beds at $10,000 higher than the normal price. The federal court having the knowledge about this, ordered a seven years injunctions restraining the company. Those who had purchased the beds equally recorded their complaints for compensation. Customers were equa lly issued with details of their rights. Workplace injury rehabilitation and compensation Act 2013 The law stresses on the need of government commitment to reduce regulatory burden with regards to workers compensation. It facilitates easier understanding of workplace rights, responsibilities and obligations between employers and the employees (Guthrie, 1995). WIRC ensures compensation in terms of benefits and premiums is well calculated depending on the extent of the injury suffered while call[5]. In 2009 October, NSW injured workers were compensated a lump-sum payment to cater for their needs due to sustained injuries for their upkeep. (https://aworkcovervictimsdiary.com/tag/legal-cases-2/). Accident compensation Act 1985 Established by Accident Compensation Commission to constitute an accident tribunal to establish the Victorian accident Council to compensate, impose levy, remit payments, asses and collect levy with respect to accident compensation. The council offered provisions for amendment of the Workers Compensation Act 1958, the pay-roll system, Tax Act 1971, Motor Accidents Act 1973, Motor Car Act 1958, and other Acts related to accident. Magistrate S. Garnett in a court ruling in May 27th and 28th, 2015 applied this Act to dismiss claims that the medical panel refused termination of weekly payments yet 130weeks had passed since James sustained the back and neck injuries in 2009 in a motor accident. It was substantiated that James was no longer incapacitated due to injuries. It was equally established that the information from the doctor was inaccurate therefore case dismissed. ( https://www.magistratescourt.vic.gov.au/workcover-division-judgments-2015. Workers compensation Act 1958 This consolidates compensation of workers for sustained injuries during their work. Injuries may be manifested in various forms such as psychological torture, mental problem, and physical injuries amongst others. However, indicators are put in place to establish the cause of the injury whether it was due to workers carelessness, companys mistakes or unpredicted accidents such as earthquakes . Therefore companies and workers should take precautionary measures while on duty to avoid injuries at whatever costs. For example in an industrial company dealing with manufacturing, the helmet law applies to safeguard workers against head injuries (Clarke, Elliott, Mehmet, Law Vision, Australian Multimedia Training Productions, 2012). For instance, in F and Fleet master Services Pty Ltd, January 25th 2013, an injured worker who refused to go on a compulsory rehabilitation was suspended. The tribunal found no excuse for his failure. His claims on task suitability were rejected since workers are expected to diversify their skills. (https://aworkcovervictimsdiary.com/resource-centre/wkrs-comp-cases/). Occupational health and safety Act 2004 This Act safeguards employees health, safety, and welfare. Under this Act, the company is mandated with a task of ensuring its staff works in a conducive environment with less risk such as attacks, pollution effects, and others (Edwards, Halligan, Horrigan, 2012). Conducive environment is measured in terms of how much it contributes to workers motivation and job satisfaction visa vices the services offered[6]. As a way of creating a workable environmental plan, the management bases on staff-work relations to build corporation and limit conflicts at all costs (Belcher, 2014). Indicators of cases in manslaughter, occupational safety, and criminal liability were reinforced by the court to enhance a staff inclusive environment. (https://www98.griffith.edu.au/dspace/bitstream/10072/57309/1/90748). Equipment Act 1994 Public safety is paramount in any production setting. The Act therefore advocates for proper selection of machinery and equipment to avoid harm to individuals, plantation, animals and other species within the companys reach. For instance, manufacturing companies are required by law to ensure they safeguard the environment of its staff and surrounding communities by using machines that control noise, and smoke emissions, waste disposal amongst others (Holt, 2008). The supply chain material programs are used to enhance better equipment in Victoria to support efficient working environment. (https://www.safeworkaustralia.gov.au/sites/swa/australian-strategy/case-studies/pages/case-studies) Patents Act 1990 The Act is purely concerned with effective use of innovative technology for example use of internet should be regulated by the company to avoid much health related issues and stained relationships amongst staff members due to overdependence on innovation. Any innovation should meet the needs of customers and be within the business laws. Copyright Act 1968 The Act patently protects companies and other business entities against replicating products and services from their counterparts. Originality and creativity is highly advocated via entrepreneurial skills and innovative ideas are supported via extensive research and use of new technology for production purposes. For instance, the Russian Elcomsoft software company developed and sold via internet advanced eBook Processor which enables the user to disable publishers restrictions on electronic books. This could allow publication and distribution unflinching copyright Act. Arguments of fair use were claimed by Elcomsoft Company leaving US with no charges against the company since it was an innovative idea.(https://www.bakercyberlawcentre.org/genl2032/09_copyright_v2-no-highlight). Designs Act 2003 Designs Act aims at individual artistic works. Basically, some products are forbidden from emulating without the owners permission. Design in relation to products includes the overall appearance of the product and visual features. Using registered designs without the permission of the owner is infringement therefore punishable by law. Trustee Act 1958 Trustee Act bases on the discharge of mortgage by the companys management. Trustees are delegated with powers to sale, confer, or lease the property. The corporation Act 2011(53) specifies that public trustee of a state or a territory should identify beneficiaries under the trust, their rights, and any payments they are entitled to (Reynolds, 2001). For instance, in 18th November 2010, ANZ trustee wished to transfer the title of a building from one trustee to another. His honor used section 63 of the Trust Act 1958, with reference to Ballard v Attorney Generas Case that was ruled on the basis of qualification of trustees with regards to the voting power, the quorum, and procedures. A similar case had been witnessed between the Victorian Fund and the Queensland Fund as common trustees of Sir William's will. Trade marks Act 1995 Trade mark is used to distinguish goods or services provided by persons or companies. The Australian laws forbid some signs from being used as trademarks. The registered owner of a trademark is subject to ownership of the trademark and is free to sale it to other parties. The trademark board affirmed the appeal against registration of herbal access terming it as a way of increasing substance abuse such as marijuana. (https://www.ilnipinsider.com/category/case-studies/). Human tissue Act 1982 An in-depth definition of this Act is that it deals with human tissues which are most vulnerable for human living. The law does allow for donation in cases where one is stricken by sickness or accident leading to the default of the tissue or body organ. Human tissues can be used for schools in anatomy and practical lessons in the field of medicine however they are traders are not permitted to sale human tissues since it exposes human beings to risks of abduction. Equally, advertisement restrictions apply for instance in CAP1982 (40) which sates that a person shall not publish or disseminate tissues via any media, exhibit public view, or deposit tissues for sale. Schools are only allowed to use tissues in the event of death of a person. The law thereby defines death as irreversible cessation of circulation of blood in the body of a person and cessation of functioning of the brain. It is until then that tissues can be used for study[7]. https://www.show.scot.nhs.uk/scotorgrev/Documents /Review%20Group%20on% 20ROPM%20Report.pdf. Environment Protection Council Act Australian laws calls for companies to ensure that waste is controlled effectively. The Act demands that companies should identify disposal areas, transport waste effectively, and handle it in a way that it is consistent with environmental sound practices. The packaging material should reduce environmental degradation. Ideally, reuse and recycling of used packaging materials is highly advised. Australias international obligations protect human health and the environment (Australia Butterworths (Firm), 2001). The National waste policy offers four major directions which are responsibility, improving market, pursuing sustainability, and reducing hazard. Powercor Australia Ltd and Vemco Pty Ltd committed to spend $200,000 for rehabilitation of cleared vegetation following a court order presented in June 1st, 2015. (https://www.environment.gov.au/epbc/compliance-and-enforcement/case-judgments). Partnership Act 1963 This Act defines partnership as an agreement between parties to carry on a business. Majorly, the joint venture is meant to create a common goal of generating profit. Australian partnership is based on elements such as joint ownership, participating in gross returns, profit and loss sharing, and exercising partnership rights[8]. Wolfe end Golden Egg PTY Ltds disagreement on revenue were presented in a court to create a professional responsibility between the two partnerships. This depicts the need of limited audit and taxation for workable partnership. (https://essayturf.com/blog/australia-commercial-law/) References Australia, Butterworths (Firm). (2001). Butterworths Australian corporations legislation: Corporations law, corporations regulations, ASIC Act and regulations, Corporations Act, Corporations ([State]) Act, other legislation. Sydney, N: Butterworths. Retrieved from: https://trove.nla.gov.au/work/6707375?selectedversion=NBD22640409 Australia, O'Neill,D. (2013). Report on the 2011-12 annual reports of bodies established under the ASIC Act. Canberra: Commonwealth of Australia. Retrieved from: Belcher,A. (2014). Directors' decisions and the law: Promoting success. Retrieved from: https://www.google.com/webhp?sourceid=chrome-instantion=1espv=2ie=UTF-8#q=Belcher%2C+A.+(2014).+Directors'+decisions+and+the+law%3A+Promoting+success Clark,E.E., In Stuyck,J., In Terryn,E. (2015). Commercial and economic law in Australia. Retrieved from: https://www.worldcat.org/title/commercial-and-economic-law-in-australia/oclc/919367409 Clarke,T., Elliott,A., Mehmet,I., Law Vision, Australian Multimedia Training Productions. (2012). Corporate governance. Australia: Law Vision. Retrieved from: Edwards,M., Halligan,J., Horrigan,B. (2012). Public Sector Governance in Australia. Canberra: ANU Press. Retrieved from: https://www.researchgate.net/publication/259810318_Edwards_M_Halligan_J_Horrigan_B_and_Nicoll_G_2012_Public_Sector_Governance_in_Australia_ANU_Press_Canberra Elkington,B., Hall,M., Kell,D., Elkington,B. (2010). Annotated Trade Marks Act 1995. Chatswood, N.S.W: LexisNexis Butterworths. Retrieved from: Farrar,J.H. (2001). Corporate governance in Australia and New Zealand. South Melbourne, Vic: Oxford University Press. Retrieved from: https://www.austlii.edu.au/au/journals/CanterLawRw/2001/6.html Guthrie,R. (1995). Workers compensation Western Australia. Sydney: Butterworths. Retrieved from: https://www.google.com/search?q=Guthrie%2C+R.+(1995).+Workers+compensation+Western+Australia.+Sydney%3A+Butterworthsrlz=1C1RLNS_enKE690KE690oq=Guthrie%2C+R.+(1995).+Workers+compensation+Western+Australia.+Sydney%3A+Butterworthsaqs=chrome..69i57.994j0j1sourceid=chromeie=UTF-8 Holt,M.F. (2008). The Sarbanes-Oxley Act: Costs, benefits and business impact. Amsterdam: CIMA. Retrieved from: https://www.termpaperwarehouse.com/essay-on/Accounting-Repsonabity/306798 Law Society of Western Australia. (2012). Directors' duties and corporate governance in turbulent times. Retrieved from: https://www.lawsocietywa.asn.au/about-the-law-society-of-western-australia/governance/ Reynolds,M. (2001). The Corporations Law Amendment (Employee Entitlements) Act 2000 (Cth): To What Extent Will it Save Employee Entitlements? QUT Law Review, 1(1). doi:10.5204/qutlr.v1i1.66 Solomon,J., Solomon,A. (2004). Corporate governance and accountability. New York: John Wiley. Turner,C. (2009). Corporate Governance Post-Companies Act 2006, Part 2. Corporate Governance, 73-103. doi:10.1016/b978-0-7506-8382-1.10004-3 Victoria. (2012). Inquiry into organ donation in Victoria: Report - March 2012. Melbourne: Victorian Government Printer. Retrieved from: https://www.parliament.vic.gov.au/vufind/Record/88231 www.legisltion.vic.gov.au www.australiansecurityandinvestmentcommisionvrich./vic.gov.au(2009)NSWSC1229