The Advantages of Section - Free Essay Example

Sample details Pages: 4 Words: 1342 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Act Essay Advantages And Disadvantages Essay Did you like this example? ADVANTAGES OF S. 176, WHO BENEFITS AND CASELAWS. INTRODUCTION As a general outline, S. Don’t waste time! Our writers will create an original "The Advantages of Section" essay for you Create order 176 of Companies Act 1965[1] deals with schemes of arrangement of companies facing financial difficulties or in the case of companies at the brink of winding-up. What is, à ¢Ã¢â€š ¬Ã…“Schemes of Arrangementà ¢Ã¢â€š ¬Ã‚ , and how do these schemes assist or facilitate the companies during financial difficulties? To define in simple terms, à ¢Ã¢â€š ¬Ã…“Schemes of Arrangementà ¢Ã¢â€š ¬Ã‚  refer to schemes that enable companies in financial difficulties to pay out to their creditors in full. Therefore, companies enter into schemes or arrangements with creditors to put into effect a compromise or a moratorium. What is a à ¢Ã¢â€š ¬Ã…“moratorium?à ¢Ã¢â€š ¬Ã‚  A à ¢Ã¢â€š ¬Ã…“moratoriumà ¢Ã¢â€š ¬Ã‚  can be defined to 2 things : A temporary prohibition on an activity; From the legal aspect, it means an authorized delay of legal obligations or payment.[2] Therefore, the term à ¢Ã¢â€š ¬Ã…“moratoriumà ¢Ã¢â€š ¬Ã‚  is used to show that a temporary deferment of payment by the companies in debt to their creditors is, legally allowed à ¢Ã¢â€š ¬Ã¢â‚¬Å" by the leave of Court. A compromise scheme, however, is the type of scheme whereby the creditors agree to accept payment of less than the amount that is owed to them.[3] In other words, once the compromised amount is paid, the company is released from any further obligations or debt towards the creditors. In certain occasions, the creditors may also compromise to convert their debts into shares in the company.[4] Therefore, it is on the agreement of the companies and their creditors to determine which scheme or arrangement suits best for both parties. WHAT IS S. 176 COMPANIES ACT 1965? Now, focusing on the main issue, how does S. 176 of CA 1965 actually facilitates or assists companies which are facing financial difficulties, into entering schemes of arrangement? The answer would be because S. 176 acts as a mechanism, or as a tool which binds a formal compromise (companies may pay less than the amount owed to creditors upon agreement by both parties) or moratorium (suspension or delay or deferment of payment for a specified period of time to their creditors) between the participants as long as an agreement by the majority of the members have been achieved and, subject to approval by the court. In short, when a company and its creditors agree to enter a scheme of arrangement, S. 176 comes in to facilitate both parties by : Binding both parties once a majority vote is achieved and obtaining approval from the court to grant leave for the scheme of arrangement. S. 176 can also be read together with S. 178[5] and S. 180[6] as S. 178 sets out the orders that the court can make to put into effect a scheme for the reconstruction of any company or companies or the amalgamation of any 2 or more companies. As stated under S. 178(1) : à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦Where an application is made to the Court à ¢Ã¢â€š ¬Ã‚ ¦ for the approval of a compromise or arrangement and it is shown to the Court that the compromise or arrangement had ben proposed, for the purpose of, or in connection with a scheme for reconstruction of any company or companies, or the amalgamation of any 2 or more companies à ¢Ã¢â€š ¬Ã‚ ¦ à ¢Ã¢â€š ¬Ã‚ ¦ the Court may, either by way of approving the compromise or arrangement or, by subsequent order provide for all or any the following matters à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ [7] Therefore, what S. 178 provides is actually the requirements or the order the court may request in order to make the scheme or compromise to be effected. S. 180 on the other hand sets out the procedures that enable the transferee company to compulsory acquire the shares of a dissenting shareholder to a scheme or a contract that involves the transfer of all shares in a particular class in the transferor company to the transferee company.[8] WHO BENEFITS FROM S. 176 COMPANIES ACT 1965? In a nutshell, it can be said that the scheme of arrangement saves companies from bankruptcy by giving a chance to the companies to pay their debt to their creditors or debenture holders. Therefore, as clearly stated above, ità ¢Ã¢â€š ¬Ã¢â€ž ¢s clear to say that the companies facing financial difficulties should benefit most from S. 176 CA. This is because the main purpose of S. 176 CA is to restructure the financial affairs of a company which is heavily burdened with debts. Therefore, when S. 176 comes in as a saving provision for companies in debt, it eases both the company and their creditors. However, as much as the company may receive benefits from S. 176, there are circumstances where companies may misuse the provision for the own benefit. Therefore the law should provide a safeguard provision for the creditors as well. We must bear in mind that the main focus of S. 176 is to ease the burden of the companies who are truly in a fi nancial crisis. The advantages at the end of the scheme of arrangement should be of that the companies are able to carry on their business ultimately as usual, and not release themselves from liability of paying the debts they owe to their creditors. S. 176 AND CASELAWS The law and its relation to the scheme of arrangement is governed by S. 176 CA. As stated earlier in the general rule, when a company is soon to go bankrupt or winding-up, S. 176 CA acts as a mechanism and as a tool to protect the company and assist them in paying their debt of to their creditors. S. 176 CA provides that a scheme of arrangement of either a compromise or a scheme may be put into effect and thus, helping both the company à ¢Ã¢â€š ¬Ã¢â‚¬Å" to continue their business as usual à ¢Ã¢â€š ¬Ã¢â‚¬Å" and to pay the creditors back à ¢Ã¢â€š ¬Ã¢â‚¬Å" the money owed to them. How does the law apply or what are the instances where S. 176 CA were applied? First and foremost, when a company wishes to create a compromise or a scheme, the company itself à ¢Ã¢â€š ¬Ã¢â‚¬Å" the member of the company or member of a class or the creditor à ¢Ã¢â€š ¬Ã¢â‚¬Å" to make an application to the Court. For instance, in the landmark case of Re Foursea Construction (M) Sdn Bhd[9], the court held that and application of arrangement for ex-parte is not allowed as it must be in the form of both parties being present and active in order to avoid injustice especially towards the creditors. In other words, for an application of scheme of arrangement, the Court shall not grant the application if there is only one party that applies to the Court. It must be applied from both parties à ¢Ã¢â€š ¬Ã¢â‚¬Å" the company and the Creditor. However, with every general rule, there is also an exception. In this case, a circumstance where the Court may allow an ex-parte application is when there is a sense of valid urgency that exists. The application of ex parte is seen in the case of PECD Bhd Anor v Merino-Odd Sdn Bh d Ors[10] where the applicants filed an ex-parte application, and the application is only for exceptional cases of à ¢Ã¢â€š ¬Ã‹Å"valid urgencyà ¢Ã¢â€š ¬Ã¢â€ž ¢. Therefore, the applicants have a crucial duty to disclose all relevant materials including any information that may be unfavorable to the applicantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ themselves. The court will, strictly compel the applicants to comply this requirement. However, in this case, in order to obtain the ex-parte order, the applicants did not sufficiently identify all their supporting documents that need to be disclosed. As a result, the court held, since the rule of fair and frank disclosure should be practiced by the applicants in this case, the applicantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ failure to disclose the subject matter and decision of the previous court which did not favor them was actually against the principle of disclosure.[11] It was found and proven the applicants had acted mala fide and the judge set aside the ex-parte appl ication and his restraining order under S. 176 of CA 1965. [1] S. 176 Companies Act 1965. [2] Dr Shanty Rachagan, Dr Janine Poscoe, Anil Joshi, à ¢Ã¢â€š ¬Ã…“Concise Principles of Company Law in Malaysiaà ¢Ã¢â€š ¬Ã‚ , p. 551. [3] www.lawteacher.net/saving-companies-which-face-financial-difficulties (accessed on 19th December 2014) [4] Dr Shanty Rachagan, Dr Janine Poscoe, Anil Joshi, à ¢Ã¢â€š ¬Ã…“Concise Principles of Company Law in Malaysiaà ¢Ã¢â€š ¬Ã‚ , p. 552. [5] S. 178 Companies Act 1965. [6] S. 180 Companies Act 1965. [7] S. 178(1) Companies Act 1965. [8] Dr Shanty Rachagan, Dr Janine Poscoe, Anil Joshi, à ¢Ã¢â€š ¬Ã…“Concise Principles of Company Law in Malaysiaà ¢Ã¢â€š ¬Ã‚ , p. 553. [9] [1998] 3 CLJ 135. [10] [2009] 3 CLJ 685. [11] www.lawteacher.net/the-law-of-scheme-and-arrangement (accessed on 19the December 2014)

The Cultural Diversity in Canada Chinese Canadians Essay

Chinese Canadians Canada is known for being the country filled with all different type of people from all around the world. The community that I have chosen to look in depth is Canadian Chinese. The demographics for this community are the majority of Chinese population residing in Canada was born outside the country, 60% of the Chinese population has no religious affiliation, and 89% of Chinese population has strong knowledge in one of Canada’s national language. The importance of these demographics is they show how the Chinese community has evolved in many years and how they have changed or one can say fit into Canadian society. Majority of Chinese population was born outside Canada; this is important as its shows that how this community†¦show more content†¦The Chinese Canadians had to go through this phase of their life where they had strived for every thing. There are many contributions made this community to Canadian society. Rocky Railway High, an art project that showed the strength of Chinese railway workers and their families. This art project recognizes the contributions of Chinese railway worker, who worked under harsh conditions. This showed how everyone could work together and create something beautiful. Chinese not only brought good business skills but they brought their rich culture with them. Their beliefs of working hard to earn money and especially of working together has made our society develop into a community who welcomes anyone with open heart and collaborates with them. They contributed with their cultural traditions of family and especially peace and harmony. They showed Canadian society the importance of family and how one another should take of each other also how we are all a big family living together with different values and culture. They showed the society that by working together and giving one the respect they deserve keeps peace and harmony in a society. Their cultural contributions have evolved our society into a better place. Questions an anthropologist can ask are: 1) What role does culture play in establishing strong beliefs about family and harmony? 2) What are the similarities between Chinese culture and Canadian culture as they both have rich values and beliefs? 3) WhatShow MoreRelatedCanad A Beneficial Thing1693 Words   |  7 PagesCanada in the early stages was not how it was today, especially in the area of multiculturalism. Multiculturalism in Canada during the 1900’s was rare and not spoken of. In fact, the British people in Canada were against it. They came up with laws like the â€Å"Chinese Head Tax†, the â€Å"Continuous Journey Regulation† and residential schools in order to make it hard for foreigners to come and live in Canada. 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Before and during World War two, Canada s immigration ActsRead MoreCanadas Multicultural Dynamic1357 Words   |  6 Pagespositively integrated into Canadian society ever since the government began to acknowledge diversity within the country. This paper will argue that multiculturalism represents a qualitatively better approach to ethnic diversity than did the Canadian immigration and cultural policies that preceded it. Restricted immigration and aboriginal assimilation negatively affect the larger picture of Canadian culture in comparison to public policy supporting mu lticulturalism. The idea of Canada being a â€Å"multicultural†Read MoreCultural Diversity For The Health Care System1640 Words   |  7 Pagescollective attitudes of a group of people (Williamson Harrison, 2010). In 1971, Canada was one of the first countries in the world to adopt multiculturalism as a national policy (Government of Canada, 2012). Since then, Canadians have prided themselves on being accepting of cultural diversity and recognizing equal rights for all citizens, regardless of country of origin (Government of Canada, 2012). However, cultural diversity presents challenges for the health care system as people of various culturesRead MoreDiversity1703 Words   |  7 PagesDiversity in Canada August 23, 2011 Abstract In this paper I will be looking at diversity in Canada and how the term of diversity is used to refer to cultural differences, how it applies to all the qualities that make people different. Diversity is shown in mutual respect and appreciation of the similarities and differences such as age, culture, education, ethnicity, experience, gender, race, religion, and sexual orientation. An environment where diversity is respected is on whereas individuals

The Health Benefits of Coffee - 956 Words

The Health Benefits of Coffee An informative essay presented to Dr. Marianne Jennifer M. Gaerlan Department of English and Applied Linguistics De La Salle University In partial fulfillment of the requirements for ENGLCOM Term 1, AY 2012-2013 By: Divina Kristina S. Red V24B 14 August 2012 Have you ever questioned the existence of coffee or even wondered what it contains? Coffee is a drink that most people of today are familiar with and it is not just your average drink. Its popularity these days is associated with the different coffee shops that we can see today --- Starbucks, Coffee Bean or Seattles Best. Behind those cups, dont you marvel on what your body is taking? Coffee used to have a†¦show more content†¦Now that people know that coffee reduces the risk of having these diseases, it would be better for the people to drink at least one cup a day. There are more to coffee than just decreasing the risks of diabetes and cancers. Other research shows that compared to not drinking coffee, at least two cups daily can translate to a 25% reduced risk of colon cancer, an 80% drop in liver cirrhosis risk and nearly half the risk of gallstones (Kirchheimer, 2004). Also, a high intake of caffeine may be associated with a lower incidence and slower progression of Par kinsons disease (Weinberg, 2002). It is amazing to know that coffee, which was thought to be bad for our health, suddenly became good and healthy. Most people do not know what it could bring to our bodies. Drinking coffee actually lessens the likelihood of people getting cancer, diabetes, gallstones and Parkinsons disease. When I started drinking coffee, I actually fell in love with it because of its deliciousness. I started to go to coffee shops every time I study and I found it to be very helpful for me to concentrate. Now that I have found out how it helps my health, I was surprised and very happy to hear the good news. 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Black coffee is typically composed of caffeine, potassiumRead MoreCoffee Essay1350 Words   |  6 PagesCoffee is the second most popular beverage that people drink after water. On average about 83% of the world’s adults drink coffee, and they consume approximately 1.6 billion cups of coffee daily. They are not fully aware of the effects coffee can have on our health. There are two main types of coffee that people drink: decaffeinated and caffeinated. Decaffeinated coffee does not have caffeine; therefore, it is not as effective as caffeinated coffee is. Caffeinated coffee contains a substance calledRead MoreTopic On Benefits Of Drinking Coffee960 Words   |  4 PagesOutline Topic: Benefits of drinking coffee. General Purpose: To inform Specific Purpose: To inform the class of some of the many ways in which coffee can have a positive impact on your health. Thesis Statement: Drinking coffee can benefit your health in a number of ways, including lowering your risk of developing (1) cardiovascular problems, (2) neurological diseases, and (3) certain kinds of cancer. Introduction I. [Attention Getter] By show of hands, how many of you drink coffee on a daily orRead MoreEssay on A Cup a Day: Why Everyone Should Drink Coffee898 Words   |  4 Pagesconsumes over 70 gallons of coffee per year? If so, you may be included in the 52% of Americans who make up this statistic, and that appreciates coffee as one of the most remarkable beverages in the history of the world. The delicious drink holds a great reputation for energizing those who indulge themselves with a cup of hot java. Coffee beans are very high in caffeine, a chemical that has tends to stimulate the brain, giving the consumer a sense of alertness and activity. Coffee has been enjoyed for centuriesRead MoreDifferent Types Of Teas That Have Different Purposes For The Body Essay1446 Words   |  6 Pagesall have drank or tasted coffee and/or tea. Some people love the taste or the effects coffee or tea can have on our bodies. Coffee is very effective on the body, people drink coffee to help them get going every morning. There are several different types of teas that have different purposes for the body. Tea was first discovered when a dried leaf landed in Chinese Emperor Shen Nung’s bowl of water changing the color of it in 2737 B.C. (When was tea invented?, 2016). Coffee was discovered in Ethiopia

Its a Wonderful Life Essay - 796 Words

The movie, It’s a Wonderful Life, has the protagonist named George Bailey. In this story line, God is talking to one of his angels and He tells this angel that his job is to prevent this man from killing himself and to save him. God then goes and shows this angel part of George’s life that was very significant. In the end, we see George Bailey at present time and we see that he is at one of his lowest points ever. Throughout the movie, the audience gets to perceive George’s dilemma in life. Since he was a little boy, George has been a good child: always willing to help others. He saved his brother’s life by jumping into icy cold water to prevent him from drowning, and thus he lost his left ear’s hearing; he also prevented his boss,†¦show more content†¦To me, it really seem idiotic taking my life away for just $8,000, but that is just my perception on viewing things. Everyone has a different perception upon a subject, and George Baile y is frustrated and he feels like he has no other option. When people are scared, depressed and mad, they have a tendency of thinking irrational and therefore make careless choices. George Bailey’s careless choice is wanting to take his life away. Emotion also plays a very significant role in the movie. When George Bailey’s guardian angel makes it so that George was never born, he gets to see how the people and the town are really affected by his nonexistence. Seeing that his wife Mary does not have a happy life and that his old boss went to prison for putting drugs in those capsules that he could have prevented if he was alive, is really emotional to him and he feels heartbroken. He notices that the once before Bailey Park is now Potterville, and all the decent houses that were built there are now old slums and people are in poverty due to Mr. Potter’s lack of emotion and kindness. 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Such as the genre of the music, the image and color on the album cover, the representation of itRead MoreThe Confidence Of Wearing Heels804 Words   |  4 PagesSierra Snyder Mrs. Appleton English 9B 23 August 2014 â€Å"The Confidence of Wearing Heels† -This I Believe Essay I’m quite tall for my age. 5†7 to be exact. I am tall enough to experience the â€Å"Do you play basketball?†, â€Å"How tall are you†, â€Å"Have you grown?†, and â€Å"Seriously, someone put a brick on her head to make her stop growing!† These things have never really bothered me, until one fateful day a girl came up to me and exclaimed, â€Å"You’re never allowed to wear heelsRead MoreAnalysis of â€Å"The Singer Solution To World Poverty† Essay693 Words   |  3 Pagesï » ¿A Critique For â€Å"The Singer Solution To World Poverty† In the essay â€Å"The Singer Solution to World Poverty,† philosopher Peter Singer addresses the issue of poverty by suggesting Americans give away most of their income to aid those in need. 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Mona Lisa of Leonardo da Vinci Free Essays

This oil on poplar, 77 x 53 cm, or 30 x 21 inches,  Ã‚   has taken the world by a perennial storm for one reason or the other, for centuries. It is one of the most famous paintings of the world. Its creation is the news for all time to come. We will write a custom essay sample on Mona Lisa of Leonardo da Vinci or any similar topic only for you Order Now When it was stolen, it again made headlines in the world press. So much scrutiny, parody, studies and mythologizing about this little painting, which is greatest of the great! That enigmatic expression, the smile that has no beginning or end, has always taken the world of art critics/lovers  Ã‚   to the flight of an amazing wonderland. Aesthetics qualities of Mona Lisa of Leonardo da Vinci: â€Å"Silence is the sweetest sound on Earth,† said Mr. Boris Pasternak, the famous Nobel Prize winning Russian author. The gaze of Mona Lisa is fixed on the viewer and it seems to welcome him with her typical silent style of communication. Silence is a divine quality and the immediate effect of viewing this painting is, as if it emits rays of divinity. Leonardo used a pyramid design to make the woman simple and calm, in the space of painting. The light gives the variety of living surfaces an underlying geometry of sphere and circles. The images of seated Madonna were widely popular at that time, and Leonard has used the same method. He has admirably succeeded in creating the visual impression of distance between Mona Lisa and the observer. Her sitting angle indicates her reserved posture. The best part that seizes the attention of the viewer is her brightly lit face. Much darker elements there around, like hair, veil and the shadow, create a telling effect as regards the glow on her face. Every feature is divine; every artistic stroke makes you salute Mona Lisa. For a while, you even forget the creator of the painting, and you think that it has arrived straight from the celestial world! â€Å"The painting was one of the first portraits to depict the sitter before an imaginary landscape†¦ Behind her a vast landscape recedes to icy mountains. Winding paths and a distant bridge give only the slightest indications of human presence†¦ are echoed in the undulating imaginary valleys and rivers behind her. The blurred outlines, graceful figure, dramatic contrasts of light and dark, and overall feeling of calm are characteristic of Leonardo’s style†¦ for it represents rather an ideal than a real woman. The sense of overall harmony achieved in the painting—especially apparent in the sitter’s faint smile— reflects Leonardo’s idea of the cosmic link connecting humanity and nature†¦.† (Mona Lisa†¦.) Regional qualities of Mona Lisa of Leonardo da Vinci: You observe that Mona Lisa has no visible facial hair at all. No eyebrows or eyelashes. This was done by Leonardo, as per the practice obtaining at that time as genteel women plucked their hair. â€Å"In 2004, the Italian scholar Giuseppe Pallanti published Monna Lisa, Mulier Ingenua (literally ‘†Mona Lisa: Real Woman†, published in English under the title Mona Lisa Revealed: The True Identity of Leonardo’s Model. The book gathered archival evidence in support of the traditional identification of the model as Lisa Gherardini. According to Pallanti, the evidence suggests that Leonardo’s father was a friend of del Giocondo. â€Å"The portrait of Mona Lisa, done when Lisa Gherardini was aged about 24, was probably commissioned by Leonardo’s father himself for his friends as he is known to have done on at least one other occasion† (Mona Lisa†¦) Regardless of the fact that the scenes depicted are relevant to the region to which Leonard belonged, the compositions are united by a magical mood of frozen time. The artist has captured in the painting what he himself has seen and experienced more deeply. No artist can create a masterpiece, if he thinks of the critics in advance-as to what the knower of the art might opine. To be an art critic is one thing; to be an artist is an entirely different matter. A critic writes with the pen using his mind. The artist writes with the strokes of his brush, inspired by the soul! Mona Lisa is the actual life and transformation of Leonard’s life. Therefore, it is believed that he carried the painting, along with him, wherever he went! â€Å"It is difficult to discuss such a work briefly because of the complex stylistic motifs which are part of it. In the essay â€Å"On the perfect beauty of a woman†, by the 16th-century writer Firenzuola, we learn that the slight opening of the lips at the corners of the mouth was considered in that period a sign of elegance† (Web Museum†¦) All world famous paintings and drawings remind the viewers of the traditional regional images of that time, along with which the artist was brought up and associated with. Such an influence can not be avoided, as all paintings tell everything about the painting and something about the artist who created it. Vibrant regions around him are bound to be reflected in his paintings. The regional qualities and influences can be seen in the avalanche of modern paintings.   The highlight of the paintings in the 1980s is confrontation between the power of the feminine and the power of the masculine. In the 1990s it has been mythological and religious themes related paintings, environment objects and land art. At the end of the 20th century, it was society’s processes of development. (LNMM-2007) References: Mona Lisa–  en.wikipedia.org/wiki/Mona_Lisa – 107k Web Museum, Paris, Leonardo da Vinci   LNMM: Exhibitions 2007—archives www.vmm.lv/fr/exhib_archive/2007/?PHPSESSID=cc35fafcecf9d2735cf267e5d2e91870 – 43k How to cite Mona Lisa of Leonardo da Vinci, Essay examples

Practical Formula To Australian Taxation Law -Myassignmenthelp.Com

Question: Discuss About The Practical Formula To Australian Taxation Law? Answer: Introducation Coleman and Sadiq (2013) has defined a fringe benefit as a additional benefit which is supplementary to the salary or money wage of the employee such as private health care or a car provided by the company. A fringe benefit tax as defined by the Australian Taxation office is a tax which is imposed on the employers when they provide certain benefits to their employer which also includes their associates and family members. The benefit may be a part or additional to the wages and salary package of the employee. The Fringe benefit tax is calculated separately from income tax on the taxable value of the fringe benefits which have been provided from 1st April to 31st March (Pope 2016). The Fringe benefits Tax assessment Act 1986 sets out provisions towards the assessment of tax in relation to fringe benefits in Australia. In the case of John Holland Group Pty Ltd Anor v. Commissioner of Taxation [2015] FCAFC 82 it had been stated by the court that a fringe benefit only exists where there is a employment relationship between the parties (Pyrmont 2014). According to the provisions of sub section 7(1) of the FBTAA a car fringe benefits exists where at any time in relation to the employees employment a car is held by the employee in person and is applied towards private use by the employee or their associate or is taken for the purpose of being eligible for private use of the employee or their associates. In addition the car has been provided by the employer of his associate as per subsection 7(2) (Feld 2016). Section 8 of the FBTAA provides for a few exceptions in relation to the assessment of fringe benefit taxes. However they are not applicable in the situation. Section 9 of the FBTAA provides the process known as statutory formula method which is used to calculate the taxable value of fringe benefit of the car. The cost of the car is considered in relation to computation under this method. In addition the method does not consider the time for which the car is used for public and private use Bloom and Joyce 2014). Section 10 A and 10B of the FBTAA is provides provisions in relation to calculating the taxable value of fringe benefits by considering the operating cost method. This method is also known as the operating cost method and here the separation of public and private use is considered with computing the tax. The base value of the car is multiplied by a legal rate of 20% which is provided subsequent to the 2016 budget. After the computation of FBT the method which provides a lower value is considered towards the assessment. Sub-Section 11(1) of the FBTAA deals with the provisions in relation to the calculation of depreciation towards the taxable value of car fringe benefits. A legal rate of 25% is applied to calculate the deemed depreciation. Sub-Section 11(2) of the FBTAA deals with the provisions in relation to the calculation of interest towards the taxable value of car fringe benefits. A legal rate of 5.65% is applied to calculate the deemed interest(Murphy and Higgins 2014). Application Here according to the provisions of Section 7 of the FBTAA the car which has been provided by Shiny Homes Pty Ltd to Charlie is evidently assessable for fringe Benefit tax as it has been provided for personal use. Both the methods provided in section 7 and 10A, 10B have to be applied in order to compute the table value if fringe benefits of the car. Statutory method In the given situation a lower amount of fringe benefit tax is derived by the application of the method under section 9 of the ITAA. The employer would also be liable to pay tax on the honeymoon accommodation provided by the employee. However car parking fringe benefits would not have to be applied in the situation in relation to section 39A of the FBTA as the parking has been done on the cost of the employee and not in the place owned as the employer. Income tax is different from capital gain tax and therefore the change of tree wanted by them and for which they have sold their house in Melbourne and purchased a property is central Victoria would not be subjected to the provisions of Income Tax under the Income Tax Assessment Act 1977 (Cth). Section 6.5 of the ITAA sets out provisions in relation to income according to the ordinary concept and under the provisions of this section the income which is gained by Allan as a locum doctor and Betty who is a part time accountant would be assessable for income tax computation. Allan because of his popularity within his profession receives various gifts from his clients. These gifts are in from of Food, cakes and wine. The food and cake received by hi would not be considered wile assessing his income as they do not exceed the commercial value required to be considered. However the wine which is worth $360 would be considered for assessment of tax as its commercial value is above the maximum exempted value under the ITAA provisions (Kenny 2013) This part provided rules which are used to differentiate between a business and a hobby. It had been ruled in the case of Cooper Books Pty Ltd vs. Commissioner of Taxation of Commonwealth of Australia that when a person makes profit through the virtue of a hobby activity such profit is liable to be assessed for income tax (Woellneret al. 2014). Further Taxation Ruling TR 97/11, provides guidelines to differentiate between a hobby and a business. According to the ruling when the intention of a person while conducting an activity is of a commercial nature it is a business and when the nature is non-commercial it is a hobby. The person indulging in an activity to make profit makes such activity a business and was the person does not have the want of making profit the activity is a hobby. The existence of an employment relationship in an activity prima faice makes it a business. A person usually does not invest much in a hobby but invest to a high extent In the case of Martin v. FC of T (1953) it had been ruled by the court that lone activities cannot be considered for the purpose of making tax assessment (Willbanks 2015). It has been provided that the hobby of making marmalade has been turned into a business as it has become famous with the neighbors. A stall had been opened by her which constitutes recurring business. Thus the profit which is earned by them in relation to the sales would be eligible for being considered towards the assessment of their income under the provisions of ITAA. A barter transaction with respect to the provisions of section 25(1) of the ITAA is to be considered the same as any cash or credit transaction which assessing it under income tax implications as well as for GST purpose. The case of .C. of T. v. Cooke Sherden 1980 also provides the same rule which has been stated by the above discussed section (Oestreich and Keane 2016). Thus the activity which has been indulged into by Allan and Betty in from of a Barter system would be subjected to the same tax consequences under the provisions of GSTR 1999 and the ITAA. Reference List: Bloom, I.M. and Joyce, K.F., 2014.Federal Taxation of Estates, Trusts, and Gifts. LexisNexis. Brownlee, W.E., 2016.Federal Taxation in Australia. Cambridge University Press. Coleman, C. and Sadiq, K. (n.d.).2013Principles of taxation law 2013. Feld, A., 2016. Federal Taxation of State Tax Credits. Finkelstein, M., 2014. Cases on Federal Taxation (Book Review). Kenny, P. 2013.Australian tax 2013. Chatswood, N.S.W.: LexisNexis Butterworths. Morgan, A., Mortimer, C. and Pinto, D. 2013.A practical introduction to Australian taxation law. North Ryde [N.S.W.]: CCH Australia. Murphy, K.E. and Higgins, M., 2014.Concepts in Federal Taxation 2015. Cengage Learning. Nossaman, W.L. and Wyatt Jr, J.L., 2016. Income Taxation of Trusts and Estates.TRUST ADMINISTRATION AND TAXATION,2. Oestreich, N. and Keane, M., 2016. ACCTG 503 Federal Taxation of Individuals. Pope, T.R., 2016.Pearson's Federal Taxation: 2017 Comprehensive. Prentice Hall. Pyrmont,2014 NSW Australian Taxation Law Cases. Thomson Reuters. Schenk, D.H., 2016.Federal Taxation of S Corporations. Law Journal Press. Willbanks, S.J., 2015.Federal taxation of wealth transfers: cases and problems. Wolters Kluwer Law Business. Woellner, R. 2013.Australian taxation law 2012. North Ryde [N.S.W.]: CCH Australia. Woellner, R., Barkoczy, S., Murphy, S., Evans, C. and Pinto, D. 2014 (n.d.).Australian taxation law.

Conflict and Negotiation Organization

Question: Discuss about the Conflict and Negotiation Organization. Answer: Introduction Conflict and negotiation are elements that are inevitable among partners, employees and the general public in every part of the business operations (Amatruda, 2006). They bring about change in the organization as different ideas and opinions of individuals are considered and appropriate decisions made to the structure of the firm. In conflict resolution, negotiation is crucial. Winning negotiations results to new ideas being developed thus stimulating creativity and innovation (Amatruda, 2006). It also leads to loyalty and efficient. Unsolved conflicts lead to resource wastage, an adverse climate in the enterprise and break down group cohesion. Before resolving a conflict using the negotiation, consideration of various factors is important such as; the willingness of the parties to participate, the unpredictability of the possible outcomes and the means of influence by the negotiator (Brinson, Jeffrey Fisher, 2009). Definitions of terms Conflict refers to the disagreement or opposition between individuals or the groups that exist within a given organization set up (Black, 2010). It may result in either negative outcomes or positive possibilities. Conflicts always arise when people have differing goals and objectives, beliefs, ideas or theories about the operations of the enterprise (David, Ronald, 2006, p. 359-390). For example, when the workers in the firm are advocating for a higher pay and the management fails to meet their needs, conflict emerges. There are various types of conflict, namely: the intrapersonal, interpersonal, intra-group, intergroup and inter-organizational conflicts. The intrapersonal conflict involves the internal argument within an individual's mind on different thoughts, emotions and values (David, Ronald, 2006, p. 359-390). Apparently, conflict may come up when one is choosing a career path, or making simple decisions such as whether to go for lunch or not. Also, when the role and responsibilities of a person differ with his community values and customs, opposition emerges. Interpersonal conflict refers to the disagreement between an individual with the co-workers or with the management and business owners (Sinaceur Tiedens, 2006). The varied personalities result in differing choices and opinions among employees. It is important that they resolve it as it eventually leads to personal growth and enhances the relationship with others. Intra-group conflict emerges within a team when there are incompatibilities and misunderstandings between the members of the group. It is due to the tension that arises from the different personalities, views and ideas when making decisions on the business activities (Shelton Darling, 2011). Intergroup conflict occurs among the various teams within an organization. For exa mple, the set goals for a sales department may differ from those of a customer relation department. Competition for resources between agencies also results in intergroup conflict. Besides, negotiation is a technique that involves discussion among individuals to get the acceptable solution to a particular conflict (Black, 2010). It is a process that aims at reaching an alternative that benefits all. The various steps considered in the negotiation process are the preparation and planning. Secondly, the definition of ground rules for the conflict, followed by the clarification and justification of the problem and decisions made. The bargaining and problem-solving steps follow and finally, the closure and implementation of the effective solution (Brinson, Jeffrey Fisher, 2009). Theories and models of conflict and negotiation The common theories include individual differences, Motivational approach, Cognitive approach, Cooperative model, Principled Negotiation Human Needs Model by John Burton (David Ariel, 2008). Individual differences approach involves personal characteristics of the negotiator and the parties in a disagreement. The theory argues that all persons should put aside their beliefs, cultures customs and norms and focus on achieving a solution to their conflict (David Ariel, 2008). Motivational approach refers to the aspirations and goals of an individual that influence the conflict resolution process. The resulting outcomes always depend on what motivated the negotiator and the parties to resolve the disagreements (Joppa, et al. 2009). In addition, Cognitive approach asserts that the negotiator should have the ability to scrutinize events outlined in the negotiation plan and come up with actions that can aid in making appropriate judgments (Zafonte and Paul, 2008). Also, the cooperative mod el which was developed by Morton Deutsch where he argued that the nature of the dispute and the goals of the disputing parties should be evaluated in the negotiation process. Cooperative sharing of ideas brings an environment of trust, and as a result, an appropriate solution can be determined (Cambridge, 2009). Principled Negotiation is a model that was founded by Roger Fisher and William Ury. He advocated that the following four principles enhance the conflict resolution process. They include separating the problem from the parties. Then focus on the each person's interests and create various options for the solution and finally ensure that the agreement bases on the organizational objectives. Human Needs Model by John Burton focuses on the identification of the needs of an individual that causes conflict to enhance their accommodation in the negotiation process (Raiffa, 2007). However, the above theories and models have failed to explain the conditions that may affect conflict resolution success or failure. The theorists focus only on the processes of coming up with an alternative solution for the conflict (Dincyurek Civelek, 2008). Therefore factors such as the significant psychological obstacles, the sense of urgency, the authority to decide, willingness to compromise external factors favorable to settlement and the resources required for the process should be evaluated in detail. Also, the identification of a solution to the challenges that reduce the effectiveness of the resolution such as lack of time to convince others and parties who are not ready to accommodate the interests of the different group is equally essential. It is a tool used to help individuals understand themselves and also their relationships with others in an organization (Dincyurek Civelek, 2008, p. 3-4). In the Johari Window, people establish a list from which they select adjectives that describe their personalities. The four quadrants of the window include the open or arena that consists of traits that the individual player and the peers know (O'Hara Erin, 2009). The hidden or faade includes adjectives selected by the person but are not recognized by the peers. The blind spot that represents data known by the peers but the subject is not aware of them. Lastly is the unknown which involve behaviors that no one understands them. From the window, it is apparent that we have different personalities that we know or we are not aware of that can result in conflicts in the organization. Thomas Khilman Conflict Questionnaire (TKI) This tool has thirty pairs of statements. The framing of the questions is in a way that respondents chose between alternative A and B and then use to evaluate an individual's behavior in conflicting occasions. A persons behavior and attitude towards others are described basing on assertiveness and cooperativeness. The five conflict modes used are, avoiding, accommodating, competing, collaborating and compromising (Cambridge, 2009). As discussed in the theories these five modes are used to identify the nature of the conflict. In this tool, five factors are used to describe the human personality. They include the openness to experience, conscientiousness, extraversion, agreeableness, and neuroticism. The test gives a person more insight into how they react to different situations (Tschannen, 2009). ESCI The individuals' behavior is measured on a 360 degrees view to create a competitive advantage in the firms. It aids innovation and teamwork since the ESCI differentiates average performers from the outstanding ones. The ESCI Competency Scale lists various traits and abilities of a person such as emotional self-awareness and self-control, adaptability, achievement orientation and conflict management (Jackson, 2009). The above four tools help in identifying personal strengths such as self-awareness and improved communications. Also, the tools aid in the realization of what one posses and sensing others interests and perspectives. The weaknesses identified include: The inability to venture into group dynamics, the fear of sharing ideas and opinions with co-workers and failure of determining a groups emotional currents and the power relationships. Lastly, failure of self-disclosure and observing how others perceive our behaviors is another weakness (Seeley, et al. 2007). Areas of improvement From the knowledge I have gained concerning conflict and negotiation, the following key areas need to be improved. First involves avoiding negative responses to peoples opinions. Secondly stop placing blames and takes ownership of the problem that arises (Cloke and Goldsmith, 2009). These are essentials skills that will help in managing conflicts with colleagues. Below is a personal development prepared regarding conflicts and resolution. Personal development plan Strengths The ability to manage time effectively, flexible with lesson schedules and am excellent in ensuring that my performance improves after every year. I am also strong when it comes to identifying risks and foreseeing problems before they arise. Weaknesses Being a leader and manager has many challenges, and therefore, it is important to identify various weaknesses that are portrayed by a person. First, is balancing between institutional and family life. Lack of the skills of substitution of tasks given to the individual interests is my other weakness. Also, I am weak at developing a practical problem-solving approach to ensure collaboration among team members. Part 2- Goals setting Focus on conflict and resolution to get a deeper analysis and understanding of it Learn to remain calm and reason first before handling any sort of conflicts. Use meetings to enable me to gain self-confidence and ability to share ideas Engage with a broad range of people to enhance my communications. Be able to develop my emotional intelligence Involvement in public speaking workshops Part 3 Personal/ interpersonal skills My personal skills include self-confidence and the assertiveness in handling daily challenges. Pa rt-4 Personal Objectives To ensure I establish good relationship with colleagues to foster a sharing environment. To always stay flexible and optimistic to every situation and always respond to conflicting situations with confidence. Analyzing situations before establishing a course of action to take in a conflict situation. Being the first to enhance communication among parties to bring unity to conflicting individuals as this will assist to repair the damaged emotions resulted by conflicts. Creating solutions through brainstorming with ideas to generate needful ideas. Recommendations Establishment of effective communication skills that help in understanding others ideas and opinions. Ensure that there are better working relationships among people in the organization Support negotiation training in dispute resolutions. Encourage individuals always to identify their areas of improvement for the career development. Conclusion In conclusion, active conflict negotiation in the firm results in improved solutions and strengthened relationships. Understanding of the diagnostic tools promotes interpersonal skills among individuals and as a result better performance of the operations in a company. All people have to develop self-development plans that will aid in the achievement of the set goals and objectives. However, before thinking about ways of conflict resolution, it is important to establish strategies that can help overcome the causes and sources of conflicts. References Amatruda, J.W. (2006.) Conflict Resolution and Social Skill Development with Children Mary: Journal of Group Psychotherapy, Psychodrama Sociometry, Vol. 58, No. 4, Brinson, J. A., Jeffrey, A Fisher, T. (2009). Cross-Cultural Conflict Resolution in the Schools: Some Practical Intervention Strategies for Counselors. A Journal of Counseling and Development, JCD, Vol. 82, No. 3, Black, K. (2010). Adolescence: Fall 2010 Gender Differences in Adolescents' Behavior during Conflict Resolution Tasks with Best Friends, Vol. 35, No. 139 Cambridge, (2009).CDA Collaborative Learning Projects: Reflecting on Peace Practice Participant, Training Manual, Online edition. Retrieved on 25th January, 2017, from: https: Cloke, K. and Goldsmith, J., (2009). Resolving Conflicts at Work: A Complete Guide for Everyone on the Job. San Francisco David, B. Ariel C., (2008) Toward a Strategic Theory of Workplace Conflict Management, Ohio St. J. Disp. Resolution, 24(1), 143-190. David, B Ronald L. S. (2006) Managing Organizational Conflicts, in the Sage Handbook of Conflict Communication: Integrating Theory. Research, and Practice: Sage Publications, 359-390. Dincyurek, S. Civelek, A. H. (2008). Summer-Fall 2008: The Determination of the Conflict Resolution Strategies of University Students That They Use When They Have Conflicts with People The Behavior Analyst Today, Vol. 9, p. 3-4, Jackson, P. (2009). The interpersonal effects of emotions in negotiations: a motivated information processing approach. Soc. Psychol. Joppa and Eleonora, N. (2009). Aiding Violence or Peace? The impact of foreign aid on the risk ofcivil conflict in sub-Saharan Africa. Journal of Development Economics 88: 301313. O'Hara Erin, A. (2009). Spring 2009 Group-Conflict Resolution: Sources of Resistance to Reconciliation Law and Contemporary Problems, Vol. 72, No. 2, Raiffa, H. (2007). Negotiation Analysis: The Belknap Press of Harvard University Press. Cambridge London, UK. Sinaceur, M. Tiedens, L.Z. (2006). Get mad and get more than even: when and why anger expression is effective in negotiations. J. Exp. Soc. Psychol. Seeley, E., Gardner W Thompson, L. (2007). The role of the self-concept and social context in determining the behavior of power-holders: self-construal in intergroup vs. dyadic dispute resolution negotiations. Shelton, C. D Darling, J. R. (2011). From Chaos to Order: Exploring New Frontiers in Conflict Management Organization Development Journal. Tschannen, M. (2009). Spring 2009: The Effects of a State-Wide Conflict Management Initiative in Schools American Secondary Education, Vol. 29, No. 3, Zafonte, M. and Paul, A. S. (2008). "Shared beliefs and imposed interdependencies as determinants of ally networks in overlapping subsystems." Journal of Theoretical Politics.