Wednesday, May 6, 2020

Federal Court Of Australia And Sale Of Securities Essay

4. Arguments: Some of the most relevant arguments presented by the plaintiff and defendants for this case are highlighted below. The arguments specifically form a basis for the laws presented in the previous section. 4.1 Astra Nominees make offer of securities The plaintiff had alleged that the second defendant contemplated section 727 for the sale of securities and did not disclose this to the investors. ASIC also mentioned that Astra Nominees was in a position to sell the shares it had if the offers were accepted. This was completely obligatory with regards to the share subscription agreements between ASIC and Astra Nominees (Federal Court of Australia, 2015). 4.2 Disclosure under Part 6D.2 The defendants pleaded guilty on the fact that they exemptions were application under section 708 and hence disclosure under part 6D.2 was not necessary. ASIC on the other hand argued that when the Astra defendants were represented, there was documents provided to impose the claims made by them regarding the s708 exemption. However, these documents were not sufficient to claim that a financial licensee was appointed which did their task well (Commonwealth Consolidated Acts). 4.3 Small Scale Offerings Furthermore, Astra defendants also pleased ASIC submitted that the Astra defendants’ pleaded based on the act of section 708(5)(b) which states exemptions of disclosure in regards to small scale offerings. From the previous sections above, it is clearly evident that the offers made toShow MoreRelatedCommon Law and National Consumer Law1567 Words   |  7 Pagesthose persons specified by the court. e. It follows the common law, it will not override it. f. It acts only against the individual (i.e. in the personam), not property. 3. What are the main differences between the common law and statute law? Answer: Common law: common law is the law created through the reported decisions of judges in the higher courts. It is non- statutory law as it is law made by the courts Statute law: statute laws are made by federal state parliament in form of statuteRead MoreHow the Mercantile Management Sector Operates Essays1191 Words   |  5 Pageswill then pursue the debtor for a lesser amount than the original debt, in order to settle it sooner. Mercantile agencies are also used by the general public to carry out menial tasks that they are not legally allowed to do themselves, ie. Serve court documents. There are four main participants in the Mercantile management sector. Collectors, Field agents/Process Servers, Investigators and Repossession Agents. To work as any of the above mentioned there is no particular career background to comeRead MoreProstitution Article On Prostitution Laws1640 Words   |  7 Pagesantiquated view on the issue of prostitution, it has failed to adequately protect women. It is important that prostitutes are given an opportunity to protect themselves by employing security personnel if necessary and choose the location for conducting business. This paper will demonstrate that the policies employed by the federal government enhance the harm prostitute’s faces. as a result of being prevented by law from taking steps to enhance safety. The importance of legislator to balance the individualRead MoreTax Research Essay1075 Words   |  5 PagesBakeries was liquidated and the taxpayer received the assets distributed in the liquidation. The distributed asse ts failed to cover the preferred stocks liquidation preference. No assets were distributed with respect to the common stock. On its 1950 Federal income tax return, the taxpayer claimed a worthless stock deduction with respect to the common stock.   The Commissioner of Internal Revenue disallowed the deduction because of section 112(b)(6),4  the predecessor of section 332. The sole issue forRead MoreVirtual Organization - Riordan Manufacturing Essay1240 Words   |  5 Pagesgoods and services world wide. Cheeseman (2004) explains that the economic growth of computer technology and e-commerce has exceeded that of manufacturing in the United States economy. E-business is used to increase productivity and efficiency in sales and marketing, to strengthen customer relationships and to help in the export of its products globally. Riordan understands that legal and regulatory protection is required, the cultural differences of the customers must be understood, and they mustRead MoreAssignment Questions On The Law1497 Words   |  6 PagesAssignment-2 Bussiness Law Introduction I am asked to advice about the Jeff kennet who was a former Premeir of victoria. He lives in Melbourne, Australia. He bought a bread from Coles which was half baked and exported from Ireland to Australia. It was a product of bakery food of coles. Kennet sue the company under the consumer law as they are advertising the bread as freshly baked but It was half baked. According to law Coles get fine of million dollars and have to pay. Then Jeff Kennet was givenRead MoreThe Legal Constitution Of Australia Essay1318 Words   |  6 PagesINTRODUCTION The legal constitution of Australia was developed by the multiple principles of the British and the United States of America1. However, a major factor that was eliminated from these principles was the notion of the Bill of Rights. The Bill of Rights main purpose is to affirm, protect, promote human rights and fundamental freedoms1. Australia does not have a Bill of Rights, since it has been ascertained that the citizens of Australia are protected by common law and legislation2. It isRead MoreLaw: Questions and Answers1112 Words   |  4 Pagespoint affirmed by the House of Lords in the Salomon v Salomon case. In this case, a company is considered a new legal entity that is separate from all of its shareholders. The court did this is a one person company as is the case of Indri. Ramsay and Noakes (2001) noted that Windeyer J stated in a High Court case of Peate v Federal Commissioner of Taxation noted that a company represents new legal entity, a person in the very eyes of the law. T his separate entity principle has persisted in the Anglo-AustralianRead MoreGun Control Is A Tough Business854 Words   |  4 Pagesthey must undergo a safety gun course and have a federal registration certificate for that weapon. Japan s laws are among the strictest: essentially banning all weapons except those used in competitions and requiring rigorous background and metal checks. Both countries show a dramatic decrease in domestic violence and homicide involving guns. In the U.S., there is a 3.2% rate of homicide from guns per 100,000 people versus 0.1% in Canada and Australia, 0.5% in Norway, and 0% in Japan. While thereRead MoreGun Control And Gun Violence1320 Words   |  6 Pagesamendment was adopted in the 18th century, and it served as a purpose for the people in 1791. Then again times have changed and we no longer are alone to protect ourselves, guns were the way to go back then but since we have police officers and various security that can effectively replace the use of assault weapons A further popular argument people use is â€Å"guns don t kill people, people kill people†. I find this to be a bit misinterpreted, of course guns can’t kill people without someone controlling it

Coopetition Strategy Market Performance †MyAssignmenthelp.com

Question: Discuss about the Coopetition Strategy Market Performance. Answer: Introduction Quality Function Deployment (QFD) includes two major processes i.e. analyzing what will satisfy the needs and wants of customers and converting those needs into targeted design. House of quality is a diagrammatic tool for explaining the relationship between desires of customers and product capabilities. It is a map which offers the means for inter-functional communication and planning of customer needs and technical responses. It is a major component of Quality Function Deployment (QFD) and its uses a planning matrix to related what the people wants to how a company is going to fulfill those requirements (Ross, 2017). Each and every organization develops House of Quality to provide the products and services with superior quality. The product that is taken into consideration for the discussion is mobile phone. To create the house of quality, fundamental seven steps are executed by every organization. These steps are given below: It is the most important step in the process of building house of quality diagram for any product or service of company. First, the company will analyze the needs and demands of customers towards its products (Ross, 2017). The rating will be given to all the customer needs according to the response of customers towards products. There are some primary features which any customer desires in a mobile phone. These features are given below: Customer needs Importance ratings Reasonable and affordable prices 7 Battery Longevity 8 Multiple specifications from a single handset 6 Attractive design 5 Less Vulnerable body 2 After sales service 3 Superior quality 4 Innovative features 1 The table shows that battery longevity is the first feature that customers demand in their mobile phone. If the longevity of mobile phone will be better than it will have more demand (Dale, 2015). It is the most important and highest rated desire among customers. After that, people consider the pricing of mobile phones. They prefer to purchase the mobile phone with better longevity and affordable prices. The above table shows the desires and their importance rating according to the customers (Wilder, Collier, Barnes, 2014). Identify how product will satisfy the customer needs At this step, the manager of company needs to reflect the desires and demands of customers into their companys mobile phones. The mobile phone will be able to offer various excellent features to the customers (Franceschini, 2016). The needs of customers will be satisfied focusing on below points: Incorporating innovation in mobile phones Updated technology services and benefits Low cost labour Technological and technical assistance Training and development for employees Installation of less vulnerable components on mobile phones Looking at the increased awareness among people, company will use different innovative specifications in its mobile phones. To offer the mobile phones on affordable prices, it will reduce the labor cost and other relative costs. The companies provide effective training and development to the staff so that they can install innovative and updated technology in mobile phones. Identify relationship between firms hows In this step, the mobile phone provider will develop the relationship matrix between their hows. There may be some cases in which hows are related to each other. The below-given diagram shows the relationship between different hows of mobile phone product. White circle shows the low relationship, pink shows medium relationship and blue circle is for indicating high relationship (Desai, Kartikeyan Panchal, 2016). The relationship among all the wants and hows is indicated in the below table: This step of house of quality diagram is longer and very difficult. After drawing the relationship matrix between customer wants and hows, firm determines the importance ratings for mobile phone offerings (Stber, 2017). The importance ratings for mobile phones are determined in the below table: Attributes Importance Ratings Incorporating innovation in mobile phones 5*3+1*1 16 Updated technology services and benefits 6*2+4*2+1*2 22 Low cost labour 7*3+2*1 23 Technological and technical assistance 8*2+6*3+4*3+1*1+1*2 51 Training and development for employees 3*3 9 Installation of less vulnerable components on mobile phones 8*3+4*2+2*3 38 Evaluate competing products After that, the company will compare its features with the products of competing brands. For this, Nokia and Samsung are taken as examples. These two are the major players in international mobile phone industry. In this step, the firm will compare their mobile phone with others to get a more details about the mobile phone (Le Roy Sanou, 2014). The competitors will be compared on the basis of the needs and wants of customers towards mobile phones. In this process, Nokia and Samsung will be rated as good (G), fair (F) and poor (P). These competitors will be compared on the basis of different technical attributes. Customer needs Nokia Samsung Reasonable and affordable prices Fair Poor Battery Longevity Good Fair Multiple specifications from a single handset Fair Good Attractive design Fair Good Less Vulnerable body Good Good After sales service Good Fair Superior quality Good Good Innovative features Fair Fair Determine the technical attributes Technical attributes play an important role in the house of quality of mobile phones. Mobile phones are totally based on the updated technologies and innovation. In this step, the performance of a company and performance of competitors are determined and compared with one another. It will determine the customer wants and companys hows towards the production mobile phones. In this way, the company will determine its technical attributes and check its performance with respect to the products of competitors (Dawar Kothari, 2015). House of quality is an important part of the QFD process which uses a matrix to relate the needs and wants of customers to the how it will satisfy those needs of customers (Mart Bigorra, Isaksson, 2017). It looks like a house to which customer wants and features of products frame a major part and competitive analysis as its doorw1ay. After completing the above steps, the final house of quality for mobile phone is stated below: The companies can apply the quality function deployment to acquire more and more customers towards mobile phones. The above house of quality provides the idea that what needs and demands of customers will be satisfied by the organization. This matrix can assist in identifying the strengths and weaknesses (Cerit, Kucukyazici Kalem, 2014). By enhancing the weaknesses, the competitiveness of products and services can be improved. The mobile phone of a company is compared with two major mobile phone providers i.e. Nokia and Samsung. The ratings are given to all the players on the basis of different variables like better longevity, after sale service, attractive design etc. Conclusion From the above analysis, it can be concluded that House of Quality is an important tool for any organization that adopts total quality management process to enhance the quality of its products and operations. Quality Function Deployment converts the requirements of customers into technical descriptors. Needs of customers are also known as voice of customers. The above report includes the house of quality for mobile phone. In todays modern world, mobile phone is the basis need for all the people. So company needs to develop its products and their features considering the needs and demands of targeted customers. The above analysis concludes the people always seek for innovative and quality mobile phones at affordable prices. These are the major factors which mobile manufacturer needs to consider while developing products. The matrix of house of quality gives the details about the customer needs, descriptors, relationship between different variables, targeted value etc. It indicates the competitive analysis between current product and competitors product. References Cerit, B., Kucukyazici, G. Kalem, G. (2014). Quality Function Deployment and Its Application on a Smartphone Design. Balkan Journal Of Electrical Computer Engineering, 2 (2), 86-91. Dale, B. (2015).Total quality management. John Wiley Sons, Ltd. Dawar, S., Kothari, A. K. (2015). Impact of Technological Innovation on Marketing Mix of Mobile Phone Industry: A Systematic Review.Asian Journal of Research in Marketing,4(4), 42-56. Desai, Y., Kartikeyan, B., Panchal, N. (2016). Hows of quality for remote sensing data user-A house of quality approach.International Journal of Geomatics and Geosciences,6(3), 1708-1723. Franceschini, F. (2016).Advanced quality function deployment. CRC Press. Le Roy, F., Sanou, F. H. (2014). Does coopetition strategy improve market performance? An empirical study in mobile phone industry.Journal of Economics Management,17, 63. Mart Bigorra, A., Isaksson, O. (2017). Combining customer needs and the customers way of using the product to set customer-focused targets in the House of Quality.International Journal of Production Research,55(8), 2320-2335. Ross, J. E. (2017).Total quality management: Text, cases, and readings. UK: Routledge. Stber, G. L. (2017).Principles of mobile communication(Vol. 3). Springer. Wilder, K. M., Collier, J. E., Barnes, D. C. (2014). Tailoring to customers needs: Understanding how to promote an adaptive service experience with frontline employees.Journal of Service Research,17(4), 446-459.