V Australia

The Australian government’s decision to be non – compliant with the United Nations Human Rights Committee’s decision on the case of Nystrom v Australia 2011 has resulted in various positives and negatives. Positives as a result of the Australian government’s non – compliance include the government upholding its responsibility in protecting the Australian community from the unacceptable risk of harm posed by criminal non - citizens as well as its sovereignty as a state and the principle of state sovereignty

CASE NAME Ms Maricar Virata v NSW Motel Management Services Pty Ltd T/A Comfort Inn Country Plaza Halls Gap [2015] FWC 7932 BRIEF SUMMARY OF FACTS The Applicant was a Philippine woman employed by a hotel under a s 457 visa. The Respondent terminated the Applicant’s employment via email while she was in the Philippines, referring to ‘grounds of misconduct’. The Respondent neither warned the Applicant nor gave her the opportunity to respond prior to termination. The Applicant brought an application

Virgin Australia Airline Report Report on external environment and management functions Taffy Ghozali, Hafizhah Chandra Executive Summary The purpose of this report is to examine Virgin Blue’s external environment followed by its impacts to the organization as well as how management functions could help overcome the external environment for the organization to compete properly in the domestic airline market. Virgin Australia is Australia’s second largest domestic airline, commenced in

within Australia of communism. The common belief was that communism would spread from the USSR to Asian countries and eventually reach Australia. This theory is known today as the domino theory. Australia was very concerned by the actions of communist North Vietnam to try and control the whole country. We were worried that if South Vietnam fell to communism it would be another step closer to Australia. Obligations to Allies In the 1950s Australia

The report aimed to discuss whether Fred is a resident of Australia and should be taxed from all sources of income or only from income sourced in Australia. Applicable case law and legislation were presented to support the evaluation. ITAA 1997 Section 995-1 provides that the meaning of an “Australian resident” is defined in ITAA 1936 Section 6 (1), which sets out different criteria for determining the residency of individuals and companies. There are four tests to ascertain that an individual is

Eveready Australia Pty Ltd v Gillette Australia Pty Ltd OR Taco Company of Aust Inc v Taco Bell Pty Ltd (“objective test”) • Section 29(1)(k) (“false or misleading representation concerning the place of origin of the goods”) • Netcomm (Aust) v Dataplex Pty Ltd (p 616 of textbook) Application: • Explain what “place of origin” means with reference to the discussion at the bottom of p 615 top of p 616 of the textbook • Explain why the label “product of australia” was misleading

1 Case study 1: Residence and source Issue It is known that Fred has come to Australia to set up office for his British employer and is accompanied by his wife while his teenage children attend college in London. His home is England is rented in his absence and he has taken a home on lease in Melbourne. Taking into consideration the above information, Fred’s tax residency needs to be determined. Rule The underlying tax residency plays a vital role in ascertaining assessable income of a given entity

about a person called KIT. He has the citizenship of CHILE. we need to decide whether he is the resident of Australia and how his income is taxed as per legislation of the Australia. We can Prove that Kit is resident of Australia or not by following the four test done to find whether a person is a resident of Australia or not. Definition of Resident: To be called as Resident of Australia the following rules or test is to be done: 1) Resides test 2) Domicile and permanent place of abode test

challenged, controlled or interfered by municipal courts. After the partial recognition of indigenous land rights in Mabo, the indigenous people of Australia have attempted to push towards indigenous ‘sovereignty’. These attempts were rebuffed by the courts in two prolific cases such as Coe v Commonwealth and Walker v New South Wales. In the Coe v Commonwealth case, Coe applied for leave to amend their statement of claim to assert that the Aboriginal people were a sovereign nation and his claims

Minister for Immigration and Border Protection v Han [2015]FCAFC 79 In the case of Minister for Immigration and Boarder Protections V Han , the main issue is related to the eligibility to become Australian citizen by conferral. Is it possible for a person, to be eligible for Australian citizenship, who is permanent resident of Australia, married to Australian citizen and lived overseas for majority of period at the time of application was filed for Australian citizenship. This matter was presented