Legal Risk Management: Annotated Bibliography and Case Studies
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This article explores the concept of legal risk management with annotated bibliography, case studies, and resources. It covers the Corporations Act of 2001 and Fair Work Act of 2009. The document type is an essay and the subject is Legal Risk Management. The course code, course name, college/university are not mentioned.
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LEGAL RISK MANAGEMENT2 Table of Contents Research Workshop...................................................................................................................3 My case study.............................................................................................................................3 Other case studies.......................................................................................................................3 Legal risk and management.......................................................................................................3 Annotated bibliography..............................................................................................................4 Books......................................................................................................................................4 Journals..................................................................................................................................4 Australian Securities and Investment Commission v Cassimatis..........................................5 Donoghue v Stevenson...........................................................................................................5 Corporations Act of 2001.......................................................................................................5 Fair Work Act of 2009...........................................................................................................6 Resources...............................................................................................................................6
LEGAL RISK MANAGEMENT3 Research Workshop The research workshop played an extremely vital role with regard to the help it provided in the improvement on my skills related to research accordingly. I got to know what kinds of sources are to be used whole undertaking any kind of tasks related to research. For law related tasks, along with books and journals which are considered being secondary sources, I also got to know about the referring to cases and legislations accordingly and apply them as per the concerned situation. It has aided me to a great extent in terms of the preparation and presentation of my case study.The aspect relating to online sources in the form of various blogs along with articles in journals and newspapers would also be quite useful based on the inferences drawn by me as far as the workshop is concerned accordingly. As a result, I accessed the online links with regard to the presentation of my case study accordingly in a proper manner. The issues relating to the accessing of the sources in order to present my case study were resolved at the workshop in a proper manner. My case study The case study presented by me is focussed over the appointment of a Royal Commission by the Federal Government of Australia for the purpose of investigation of various major banks such as Australia and New Zealand Banking Group, National Australia Bank, Commonwealth Bank of Australia and Westpac accordingly. As far as my outside research pertaining to my case study is concerned, I observed that various financial experts were not satisfied by the report of the Royal Commission with reference to the investigation on grounds of misconduct accordingly. As a result, they expressed their utter displeasure in this regard accordingly as per my observances. Other case studies The second case study is based on law pertaining to contract of employment with reference to the compensation scheme floated by Allan Fels, a former head of the Australian Competition and Consumer Commission. Such an appointment was made for the purpose of the investigation of the payment of wages for workers and visa holders of 7 Eleven accordingly. The third case study implies the aspect related to cheating on grounds of vehicular emissions by VW as alleged by the Environmental Protection Agency of the United States of America as far as diesel hauled vehicles are concerned.
LEGAL RISK MANAGEMENT4 Legal risk and management I have observed the aspect pertaining to resolution of conflicts in a proper manner in order to imply the maintenance of relationships in the desired manner. The rules and regulations imply the compliance accordingly as far as the application in a proper manner is concerned in order to provide a comprehensive solution in the interest of justice accordingly. It also implies the aspect relating to compensation as result of damages suffered accordingly in order to provide adequate relief to the aggrieved party for the breach of obligations of the other party accordingly. Annotated bibliography Books Bessis, J. (2015).Risk management in banking. John Wiley & Sons. This book implies the aspect pertaining to risk management in banking as far as the legalities are concerned. It helped me to prepare my case study with reference to the appointment of the Royal Commission in order to carry out investigation in the banking industry as far as misconduct is concerned. Page number 8 of the books is focused on the aspect of the processes of risk which involve the identification and determination of the risks accordingly in order to undertake appropriate measures with reference to the mitigation of risks accordingly. It involves the policies for risk management to be formulated in the desired manner. Schaltegger,S.,Burritt,R.,&Petersen,H.(2017).Anintroductiontocorporate environmental management: Striving for sustainability. Routledge. This book is based on the concept pertaining to Corporate Social Responsibility on part of various kinds of organizations as far as the maintenance of the environment in a proper manner is concerned. Chapter 7 of the book implies the aspect of sustainable developmentinanappropriatemanneraccordinglywithreferencetoenvironmental, economicand socialaspectsthereby providing a platformfor legalrisk management accordingly. It also implies the recommendations with regard to the drafting and execution of policies and frameworks with regard to sustainable management as far as the fostering of salubrious surroundings is concerned.
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LEGAL RISK MANAGEMENT5 Graham, J., & Kaye, D. (2015).A Risk Management Approach to Business Continuity: Aligning Business Continuity and Corporate Governance. Rothstein Publishing. This book is based on the concept pertaining to Corporate Governance in terms of the modus operandi of businesses in a continuous manner. Chapter 2 of the book focuses on the legal liabilities of stakeholders accordingly. It also implies the legalities involved in the obtaining of approvals accordingly as far as the setting up of organizations are concerned accordingly with respect to the management of the risks involved. It also implies the addressing of the risks associated with businesses in a proper manner accordingly. Journals Cameron, C. (2017). The strategic and legal risks of work-integrated learning: An enterprise risk management perspective.Asia-Pacific Journal of Cooperative Education,18(3), 243-256. This article is focused on the aspect pertaining to risks to be taken in terms of work integrated learning as far as the risks undertaken in a strategic manner are concerned. It is implied by the aspect relating to competition and the demand put forward by the stakeholder accordingly in terms of work integrated learning. The article is further centered upon the risks pertaining to work integrated learning as far as the legalities involved are concerned.In a nutshell, the article implies the goals and objectives of the universities accordingly as far as the risks relating to strategies are concerned. Reed, M. A., & Tatachar, J. K. (2016). Cybersecurity mistakes that lead to regulatory and legal action.Risk Management,63(8), 34-38. The main objective of this article is to imply the aspect related to the addressing of the issues pertaining to cyber offences accordingly as far as cyber terrorism and cyber espionage are concerned accordingly. It implies the risks involved with reference to the breach of data and the legal recourse to be undertaken. As a result, the legalities with regard to the management of risks are being taken into consideration as far as the concept relating to data protection is concerned. It involves the addressing of the issues pertaining to hacking which is on the rise. Australian Securities and Investment Commission v Cassimatis Retrievedfromhttps://www.minterellison.com/articles/federal-court-finding-that-storm- financial-directors-breached-their-duties
LEGAL RISK MANAGEMENT6 It involves the aspect relating to risks as far as the losses of a huge portion of money of the investors are concerned. Millions of dollars were lost accordingly as a result of the misconduct on part of the Mr and Mrs Cassimatis, the directors of Storm Financial were held liable by the Federal Court of Australia accordingly for breach of duties as directors thereby acting in contravention of Sub-section 1 of Section 180 of the Corporations Act of 2001. As a result, the legal risks with reference to investment are taken into account accordingly as far as the resolution of disputes is concerned. Donoghue v Stevenson Retrieved fromhttps://legalheritage.sclqld.org.au/donoghue-v-stevenson-1932-ac-562 This case involves the management of legal risks pertaining to breach of duty as far as the aspect relating to due diligence is concerned. It has laid down the precedence for negligence as implied by the decision made by the House of Lords accordingly. The legal principles pertaining to the duty of care was also laid down in this case accordingly as far as the mitigation of legal risks is concerned in an appropriate manner. It is one of the landmark case laws as far as the common law jurisdiction is concerned with reference to legal risk management accordingly. Corporations Act of 2001 Retrieved fromhttps://www.legislation.gov.au/Details/C2018C00424 Such legislation has been passed with regard to the governance of companies in a proper manner as far as the resolution of issues pertaining to legal risks is concerned. It implies the aspect related to the actions to be undertaken for breach of duties on part of a director of a company accordingly. As a result, it is observed that the Corporations Act of 2001 plays an important role with regard to the management of legal risks in a proper as far as the addressing of the issues pertaining to directors’ breach of duty is concerned. Fair Work Act of 2009 Retrieved fromhttps://www.legislation.gov.au/Details/C2018C00512 The Fair Work Act of 2009 implies the aspect of the fairness and equality with regard to the treatment of employees in a workplace thereby implying the aspect of legal risk management in a proper manner. As a result, the Fair Work Commission has the key role to play in this matter as far as the addressing of the relevant issues is concerned accordingly. It implies the non-discriminatory approach to be undertaken by the employers for the treatment
LEGAL RISK MANAGEMENT7 of employees. As a result, the aspect related to equality is upheld by the Fair Work Act of 2009 accordingly. Resources The resources as aforesaid are sufficient enough with regard to write an essay on a topic pertaining to legal risk management as per the observances drawn by me accordingly. Primary sources in the form of cases and statutes would play an important role with regard to the writing of the essay in an effective and efficient manner.Relevant secondary sources in the form of books and journals along with the online journal would also aid to a great extent accordingly as inferred by me.