General Instructions

Read HRS Chapters 3 & 4 and answer the following questions using the IRAC method for problem-solving provided in Chapter 2 at [2-400].

I = Issue: Decide from the facts what the major issues are. It will help to break the facts down by identifying the main parties, then asking what their relationships are, what transactions have been entered into, and what events have occurred.

R = Rule of law: With your knowledge of the Corporations Act, case law containing company rules and other sources of company law, you need to make a decision about which legal rule or rules are relevant to the facts before you. Having identified the right rule or legal principle, you need to state it clearly and say where it comes from.

A = Application to the facts: You will then need to apply the law to the facts

C = Conclusion: You should come to a conclusion based on your argument.

1. Burrandies Aboriginal Corporation is based in the same region of South Australia as SAFPL. It is incorporated under CATSI Act.

a. All bodies corporate in Australia are created through a process of registration under the Corporations Act. True/False?

b. Describe three ways in which a corporation formed under the CATSI Act differs from a company registered under the Corporations Act.

See [4-165]

2. Is JV Investor Pty Ltd a subsidiary of AMGL?

See [4-400] and ss 46-47 of the Corporations Act

Answer

Issue: Is JV Investor Pty Ltd a subsidiary of AMGL under Sections 46 and 47 of the Corporations Act?

Rule: Sections 46 and 47 of the Corporations Act define subsidiary company. They provide

Application

Conclusion