Legal Risk Management Research Portfolio - BULAW 5911, Semester 2

This research portfolio explores legal risk management through various case studies and legal frameworks. It begins with a research workshop reflection, detailing the resources used and challenges faced in legal research. The student analyzes three case studies: the Royal Commission into the banking sector, the 7-Eleven wage fraud case, and the VW emissions scandal. The report examines legal risk and management principles, including conflict resolution and compliance. An annotated bibliography of books and journals is provided, covering risk management in banking, corporate social responsibility, and corporate governance. Key legal documents such as the Australian Securities and Investment Commission v Cassimatis, Donoghue v Stevenson, Corporations Act of 2001, and Fair Work Act of 2009 are also discussed. The portfolio emphasizes the importance of primary and secondary sources in legal research and provides a comprehensive overview of legal risk management strategies.

Running head: LEGAL RISK MANAGEMENT 1
Legal Risk Management

LEGAL RISK MANAGEMENT 2
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 MANAGEMENT 3
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 MANAGEMENT 4
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). An introduction to corporate
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
development in an appropriate manner accordingly with reference to environmental,
economic and social aspects thereby providing a platform for legal risk 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.

LEGAL RISK MANAGEMENT 5
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
Retrieved from https://www.minterellison.com/articles/federal-court-finding-that-storm-
financial-directors-breached-their-duties

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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 from https://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 from https://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 from https://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 MANAGEMENT 7
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.