Blo5540 Business And Company Law- Assessment Answers
You are required to complete a law report case study of Schwartz: In the matter of Babybelle Pty Ltd (ACN 116 052 683) [2007] FCA 1469 (September 2007)
Read the case as many times as you feel necessary to be enable you to identify the following:
Legal terms and their meanings relevant to the case
the major legal issues
the relevant law relied on by the judge in making his decision
the actual decision of the case.
The case including:
the relevant facts of the case
the major legal issues
the relevant law relied on by the judge(s) in making their decision
the actual decision of the case.
The case summary should be written in your own words. Note there is no requirement to consider other cases, use footnotes or prepare a bibliography, nor is it necessary to do further reading outside the case report itself.
Answer
Schwartz: In the matter of Babybelle Pty Ltd (ACN 116 052 683) [2007] FCA 1469 (September 2007)
According to the Federal Court of Australia that Mr Schwartz disqualified from managing a corporation commits an offence under Sec- 206A (1) Corporation Act Cth) where it was mentioned that a director can make or participate in the decision making process which is related to the business of the corporation or the organization. Whereas, the Sec- 206B (2) defines the period of disqualification.
According to the Adams v Australian Securities and Investments Commission (2003) the disqualification of any person who is the director or promoter of the company and holds the share which is only applicable according to his interference in the decision making process. Mr. Schwartz has provided with unsatisfactory evidences which are unable to resolve the case. Mr.Goodman also failed to run the business therefore the application which was Mr. Schwartz has appealed. The application was not able to satisfy the terms as per the Sec- 206A (1) and Sec- 206G of Corporation Act Cth). However, Australian Securities and Investments Commission (“ASIC”) also reply through a letter to Mr. Schwartz about for not attending the hearing of the case.
d. The actual decision of the case: As per the case situation, the application has been invalid and he needed to open another application for referring to the address. The Federal court has found guilty to Mr. Schwartz under the Sec- 206A (1) and Sec- 206G of fffCorporation Act Cth). For the disqualification from the managing the company. He also found guilty under 5 charges, namely contravention of s 1350 of the Social Security Act 1991 (Cth), two contraventions of s 215 of the Social Security (Administration) Act 1999 (Cth) and two contraventions of s 135.2 of the Criminal Code Act 1995 (Cth). He was fined iwth the amount of $13,578.94.
Reference
Adams v Australian Securities and Investments Commission (2003) 46 ACSR 68
Coffee Jr, John C., Hillary Sale, and M. Todd Henderson. "Securities regulation: Cases and materials." (2015).
du Plessis, Jean Jacques, and Jeanne Nel De Koker, eds. Disqualification of Company Directors: A Comparative Analysis of the Law in the UK, Australia, South Africa, the Us and Germany. Taylor & Francis, 2017.
Hiller, Janine S. "The benefit corporation and corporate social responsibility." Journal of Business Ethics 118.2 (2013): 287-301.
Schwartz: In the matter of Babybelle Pty Ltd (ACN 116 052 683) [2007] FCA 1469 (September 2007)
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