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Dissertations / Theses on the topic 'Corporation law Australia'

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Published: 4 June 2021

Last updated: 27 July 2024

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1

Coffey, Josephine Margaret. "Continuous Disclosure for Australian Listed Companies." Thesis, The University of Sydney, 2002. http://hdl.handle.net/2123/510.

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ABSTRACT This thesis investigates the legal and theoretical basis of continuous disclosure regulation in Australia as it applies to listed companies. An empirical study is undertaken to further investigate the operation of the legislation. As part of the Enhanced Disclosure regime, the continuous disclosure provision was effective from 5 September 1994 as s1001A of the Corporations Law, now the Corporations Act 2001 (Cth). This statutory provision is replaced by s674, inserted by Schedule 2 to the Financial Services Reform Act 2001 (Cth), and effective from 11 March 2002. The provision

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Coffey, Josephine Margaret. "Continuous Disclosure for Australian Listed Companies." University of Sydney. School of Business, 2002. http://hdl.handle.net/2123/510.

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ABSTRACT This thesis investigates the legal and theoretical basis of continuous disclosure regulation in Australia as it applies to listed companies. An empirical study is undertaken to further investigate the operation of the legislation. As part of the Enhanced Disclosure regime, the continuous disclosure provision was effective from 5 September 1994 as s1001A of the Corporations Law, now the Corporations Act 2001 (Cth). This statutory provision is replaced by s674, inserted by Schedule 2 to the Financial Services Reform Act 2001 (Cth), and effective from 11 March 2002. The provision

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3

Golding, Greg. "The reform of misstatement liability in Australia's laws." Connect to full text, 2001. http://setis.library.usyd.edu.au/adt/public_html/adt-NU/public/adt-NU20040206.161344/index.html.

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4

Huntly, Colin T. "In search of an appropriate analogy for sports entitites incorporated under associations incorporation legislation in Australia and New Zealand using broadly conceived corporate law organic theory /." Access via Murdoch University Digital Theses Project, 2005. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070129.145203.

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5

Fok, Davy Nai Hung. "A study of the form and content of investigating accountants' reports in prospectuses." Thesis, Queensland University of Technology, 1995. https://eprints.qut.edu.au/36281/1/36281_Fok_1995.pdf.

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This study has examined the form and content of 100 Investigating Accountants' Reports (IARs) contained in prospectuses of companies. Hypotheses were developed to test the variables that may affect investigating accountants in: (1) stating the level of assurance clearly and (2) presenting historical proforma financial statements. This study has also examined: (1) how investigating accountants stated the nature of their engagement; (2) reporting procedures of IARs; and (3) investigating accountants' opinion on financial forecasts. This study hopes to provide some insight for regulators and a

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6

Jarron, Christina. "More nearly social institutions legal regulation and the sociology of corporations /." Phd thesis, Australia : Macquarie University, 2009. http://hdl.handle.net/1959.14/81460.

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"October 2008"<br>Thesis (PhD)--Macquarie University, Division of Society, Culture, Media and Philosophy, Dept. of Sociology 2009.<br>Bibliography: leaves 273-293.<br>Introduction -- Patterns of corporate activity as patterns of corporate dominance: legal, organisational, and economic features of corporations -- Representations of corporate dominance in insidious injuries -- The legal basis of corporate dominance: History of the corporation -- Legal individualism and corporate personhood -- Theories of the corporation -- The legal regulation of corporations - corporate liability laws -- Conclu

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7

Golding, Gregory Ray. "The Reform of Misstatement Liability in Australia's Prospectus Laws." University of Sydney. Law, 2003. http://hdl.handle.net/2123/607.

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This dissertation considers the reforms made to the liability rules in Australia�s prospectus laws during the 1990s. It traces the rewrite of the fundraising provisions at the end of the 1980s as part of the new Corporations Law through to the rewrite of those provisions at the end of the 1990s as part of the CLERP Act initiative. As the law in this area is not particularly well served by detailed judicial or academic analysis in Australia, the dissertation seeks to define the scope of the Australian liability regime by reference to case law analysis, a review of relevant theoretical con

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Birch, Charles 1971. "Evaluating mining and petroleum joint ventures in Australia : a revenue law perspective." Monash University, Faculty of Law, 2001. http://arrow.monash.edu.au/hdl/1959.1/8960.

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9

Azzi, John. "The role of CFC legislation in protecting Australia's domestic income tax base." Thesis, The University of Sydney, 1997. http://hdl.handle.net/2123/20011.

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10

Niedostadek, Oliver. "Die Proprietary Company - das Recht der australischen private company /." Münster : Lit, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/393034968.pdf.

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11

Rumble, Tony Law Faculty of Law UNSW. "Synthetic equity and franked debt: capital markets savings cures." Awarded by:University of New South Wales. School of Law, 1998. http://handle.unsw.edu.au/1959.4/17591.

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Micro-economic reform is a primary objective of modern Australian socio-economic policy. The key outcome targetted by this reform is increased efficiency, measured by a range of factors, including cost reduction, increased savings, and a more facilitative environment for business activity. These benefits are sought by the proponents of reform as part of a push to increase national prosperity, but concerns that social equity is undermined by it are expressed by opponents of that reform. The debate between efficiency and equity is raging in current Australian tax policy, a key site for micro-eco

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12

Orr, John Leslie. "University law: Pursuing fruits of knowledge." Thesis, Queensland University of Technology, 2020. https://eprints.qut.edu.au/200455/1/John_Orr_Thesis.pdf.

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This thesis examined the role played by enabling legislation in requiring Australian public universities to govern and undertake their core functions in the public good. The research identified statutory mechanisms, including the legal status, legal capacities and governance obligations, which shape and colour the form and substance of universities as institutions of public good. The public good requirements embedded in the enabling legislation equates to the public benefit. The enabling legislation compel Australian public universities, as charitable higher education corporations, to act, thr

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13

Unger, Mark. "Das australische Übernahmerecht : darstellung und rechtsvergleichende analyse mit dem WpÜG /." Baden-Baden Nomos, 2007. http://d-nb.info/987369806/04.

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14

James, Nickolas John. "Power-knowledge and critique in Australian legal education : 1987-2003." Thesis, Queensland University of Technology, 2004. https://eprints.qut.edu.au/15910/1/Nickolas_James_Thesis.pdf.

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While the word 'critique' appeared frequently in Australian legal education texts between 1987 and 2003, the meaning and the emphasis accorded critique varied widely. Michel Foucault's ideas about the close relationship between knowledge and power provide a theoretical framework within which this inconsistency of meaning and emphasis can be described, analysed and explained. Rather than monolithic, the discipline of legal education was by 2003 a dynamic nexus of distinct and competing discourses: doctrinalism, vocationalism, corporatism, liberalism, pedagogicalism and radicalism. Each of these

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James, Nickolas John. "Power-Knowledge And Critique In Australian Legal Education : 1987 - 2003." Queensland University of Technology, 2004. http://eprints.qut.edu.au/15910/.

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While the word 'critique' appeared frequently in Australian legal education texts between 1987 and 2003, the meaning and the emphasis accorded critique varied widely. Michel Foucault's ideas about the close relationship between knowledge and power provide a theoretical framework within which this inconsistency of meaning and emphasis can be described, analysed and explained. Rather than monolithic, the discipline of legal education was by 2003 a dynamic nexus of distinct and competing discourses: doctrinalism, vocationalism, corporatism, liberalism, pedagogicalism and radicalism. Each of these

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16

Mantziaris, Christos. "Government by corporation : the public/private distinction in judicial reasoning." Phd thesis, 2002. http://hdl.handle.net/1885/151779.

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17

Francis, Steven James. "The Foreign Acquisitions and Takeovers Act 1975 : an administrative law perspective." Thesis, 1996. http://hdl.handle.net/1885/144464.

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18

Qu, Charles Zhen. "Civil remedies against insider dealers : a study in the contexts of managed investments using unit trusts." Phd thesis, 2006. http://hdl.handle.net/1885/151584.

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19

Kleynhans, Stefan Anton. "The corporate opportunity rule: a comparative study." Diss., 2016. http://hdl.handle.net/10500/22604.

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Company directors, being human, may be tempted to promote their own interests rather than those of the companies on whose boards they serve. Directors are subject to a number of legal duties. A director has a fiduciary duty to act in good faith and in the best interests of the company. A number of other duties flow from this duty such as the duty to avoid a conflict of interests. The duty of a director not to appropriate a corporate opportunity belonging to the company of which he or she is a director, also flows from the duty to avoid a conflict of interests. The common-law duties of direct

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20

Swart, Willem Jacobus Christiaan. "Relief from oppressive or prejudicial conduct in terms of the South African Companies Act 71 of 2008." Thesis, 2019. http://hdl.handle.net/10500/26620.

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This thesis critically examines the statutory unfair prejudice remedy provided for in section 163 of the Companies Act 71 of 2008 (‘the Act’). Section 163 is evaluated against its equivalents in England, Australia and Canada. Section 163 is considered against its predecessors to determine whether problems associated with the formulation and application of its predecessors have now been eradicated. It is argued that although it is important to ensure that company legislation is able to provide protection of an international standard to shareholders to be able to attract capital investment in a

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21

Overland, Juliette Ruth. "The Criminal Liability of Corporations for Insider Trading in Australia: Proposals for Reform." Phd thesis, 2015. http://hdl.handle.net/1885/96475.

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The regulation of insider trading - the act of trading in securities or other financial products while in possession of relevant non-public, price-sensitive information - is a controversial and complex area of corporate law. Although there has been a marked increase in the number of individual offenders convicted of insider trading in recent years, there has never been a successful criminal prosecution of a corporation for insider trading in Australia, or even a successful set of civil penalty proceedings. This thesis will focus on corporate criminal liability for insider trading in Austr

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22

Li, Yongqiang. "Governance, Regulation and Performance of Non-listed Small Corporations in Australia: a Structural Equation Modelling Approach." Thesis, 2014. https://vuir.vu.edu.au/25854/.

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Small corporations are the backbone of the Australian economy. Various studies have explored corporate governance as it applies to larger organisations. Few studies, however, have examined how corporate governance relates to small corporations. The “one size fits all model” adopted by most of the corporations’ law frameworks and the “comply or explain” mentality places a significant amount of unnecessary and disproportionate compliance burden on small businesses. Worse still, non-listed small corporations are losers of the “corporate governance reform competition”, given their resource c

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23

Haveckin, Brian. "Information technology outsourcing by large Australian organisations." Thesis, 2012. https://vuir.vu.edu.au/19401/.

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Outsourcing of Information Technology (IT) is a well-established part of Australian business. Offshore outsourcing of IT support and development is a critical and widespread part of the globalised Australian and other nations’ economies. In Australia, national organisations such as the National Australia Bank (NAB) and Australia’s largest telecommunication company, Telstra, continue to outsource work to outsourcing vendors – that is, obtaining goods and services from outside suppliers. It has long been thought that IT outsourcing is motivated primarily by cost cutting in the IT departme

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24

Maharaj, Reshika. "A discussion of the concept of the 'place of effective management' in the context of South African law, using internationally established principles of corporate residency from the United Kingdom, Europe and Australia as guidelines to formulating this concept in South African law." Thesis, 2002. http://hdl.handle.net/10413/6137.

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The aim of this dissertation is to carry out the following: • Discuss the concept of residency in South Africa and the evolution to the residence basis of taxation in South Africa. • Examine the Organisation for Economic Co-operation and Development's (OECD) stance on the concept of 'effective management'. • Examine the laws of the United Kingdom, certain European countries and Australia with regard to the concepts of 'management and control', 'management or control', ' place of effective management' and 'effective management'. • Formulate a definition of the term 'place of effective managemen

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25

Nehme, Marina. "Enforceable undertakings : an improved form of settlement." Thesis, 2010. http://handle.uws.edu.au:8081/1959.7/496120.

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An enforceable undertaking is an administrative sanction available to a number of Australian regulators at both the Federal and State level. It is a promise enforceable in court. In an enforceable undertaking, the alleged offender, known as the promisor, promises the regulator (for the purpose of this thesis, the Australian Securities and Investments Commission (‘ASIC’)) to do or not to do certain actions. Such a sanction is the result of an agreement between the alleged offender and the regulatory agency. An enforceable undertaking is thus a form of settlement. By analysing the 286 enforceabl

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26

Glavas, Ivan M. "The appointment of a voluntary administrator by unsecured creditors : a case for the introduction of such a right." Thesis, 1998. https://vuir.vu.edu.au/17901/.

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Insolvency practice, has in recent years undergone many changes with the introduction of the Voluntary Administration scheme under Part 5.3A of the Corporations Law. So significant are these changes that current statistics show that as much as 48 % of all external appointments over "insolvent" companies are by the appointment of a Voluntary Administrator. The scheme fails to allow the largest class of creditor, the unsecured creditor, the right to initiate the appointment of an Administrator over an insolvent company in order to protect their interests. This study aims to identify the

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27

Condliffe, Peter. "Conflict in the compact city : preferences and the search for justice." Thesis, 2012. https://vuir.vu.edu.au/21887/.

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In this study the high density housing sector was studied as a domain for the development of an alternative model of dispute management to that contained in the relevant statutory regime. This formed the basis for a simulation that would empirically test two hundred and fifty-two participants on three levels. These were their preferences, their perceptions of justice and some elements of efficiency. Each of these levels were tested in relation to three processes: mediation followed by arbitration conducted by the same person; mediation followed by arbitration conducted by a different per

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28

Almutairi, Abdullah Mushkus. "Protecting the Rights of Local Shareholders under the Saudi rules for Qualified Foreign Financial Institutions Investments in Listed Shares." Thesis, 2017. https://vuir.vu.edu.au/35975/.

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Recently, the Saudi Capital Market Authority (CMA) opened the door for foreign investors to invest directly in the stock exchange market (Tadawul) to gain more welfare from their investments. Along with this step, the CMA released a set of Rules for Qualified Foreign Financial Institutions Investments (RQFFII) in Listed Shares 2015 that aimed to attract and protect the shareholders' rights. In this research project, the RQFFII have been examined to discover the level of attraction that these Saudi rules offer to foreign investment. The project also aimed to highlight strengths and weaknesses

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29

Ssennyonjo, Peter. "A comparative study of tax incentives for small businesses in South Africa, Australia, India and the United Kingdom." Diss., 2019. http://hdl.handle.net/10500/25981.

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This study discusses South Africa’s tax incentives for small businesses and identifies shortcomings and areas of concern within the tax incentive regimes. A comparison of small business tax incentives provided by Australia, India, and the United Kingdom is made with South Africa’s small business tax incentives to identify similarities and differences, and new lessons are learned from the approaches of other countries. As a result of the comparison with the tax dispensations available to small businesses in other countries, the study recommends additional tax incentives that could be imp

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