The essay is based on the scenario of corporate law turmoil where 5 brothers have opened a cafe and are now in some defiance based dispute. In other words, TIM is being bullied by the 4 other brothers so that they do not have to pay any money. The reason behind the same is that TIM now wants the leave the partnership and so the brothers are supposed to clear off their dues. However, the brothers are reluctant to pay off the dues to TIM and so are not following the partnership deeds. Now the question here is to suggest TIM the legal processes in hand that can be used to attain all the dues from his brother and leave the cafe business as soon as possible.
Q 2: The primary authorities (Case Law Legislation) I plan to refer to in my essay are
Equitable Limitation on Majority Voting Power is one such legislation in the hand of TIM that would help to gain equal precedence in the current event of leaving the partnership. Despite the fact that he is pitted against other 4 brothers, Equitable Limitation on Majority Voting Power can help him to be bullied and restore to legal right to be able to leave the partnership in the right royal manner.
Besides restoring to Oppression Remedy Rights, Tim may even take help of the Minority Voting Rights. Considering that he is being oppressed by the 4 other brothers, this right would help him to save himself from improper exclusion from the management.
· Australian Corporate Rule- books
· Australian Partnership Acts- journals
· Australian Minority Rights- webisites
Q 4: Outline of your argument:
In my essay I plan to argue that:what are the rights that TIM has for himself so that he is prevented from being bullied at the same time get all dues cleared as soon as possible. Eventually, the study would even revel the several ways of preventing restriction from being bullied in the hands of the partners would even be analysed. However, the study would even notice the reason behind the sudden step back taken by TIM and if he can do so at his own whims and fancy. The study would try to argue the extent to which the brothers have a legal right to prevent from the leaving the partnership and howfar is TIM able to move out sooner.
· I will come to the conclusion that: _any partner is able to move out of the partnership at any time point. In this record, TIM has all the rights to prevet from being bullied and get all his due so that he leaves the cafe business as soon as possible.
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