The Debate On Legalizing Same Sex Marriage - 1251 Words

Introduction Marriage also known as matrimony is the process in which two people legally or formally recognize the love between a man and woman or in some jurisdictions, two people of the same sex (Physcology Today , 2015 ). Marriage is an important part of our society. The emotional bond between two lovers is the strongest bond and most sacred (Anderson, 2013 ). However there are people who get left out because their partner is not of the same gender as they are. The debate on legalising same sex marriage is an important issue as it surrounds its concern on both the human rights portion as well as the moral rights. Many people claim that ‘non-heterosexuality is unnatural’ (Natural Manhood , 2012 ). Gay marriage is one of the most controversial issues in Australia and nationwide. However homosexual relationships are slowly gaining acceptance, as homosexuals themselves fight for their right to marry. Whilst some people believe that the legalization of gay marriage will have a negativ e impact on the society, many gay activists claim that â€Å"it is against basic civil rights to prohibit them from marrying† (Physcology Today , 2015 ). This investigation proposes to explore Same-marriage. Research from internet based resources such as articles, reports, and primary data by conducting interviews and surveys will provide evidence to support the conclusion. Paragraph 1- Where is it legalised outside Australia and why? Process of legalising it outside Australia? Twenty countiesShow MoreRelatedGay Marriage Essay1744 Words   |  7 Pages 02/02/2012 Legalizing same-sex marriage has been a debate going on for quite some time. The recognition of such marriages is a civil rights, political, social, moral, and religious issue in many nations. Since 2001, ten countries have begun allowing same-sex couples to marry nationwide. In the United States the federal government does not recognize same-sex marriage, but such marriages are recognized by some individual states. Proposition 8 in NovemberRead MoreShould Gay Marriage Be Legal?778 Words   |  3 PagesShould Gay Marriage Be Legal? â€Å"†¦I now pronounce you husband and wife†¦Ã¢â‚¬  One would normally hear this when attending a wedding. In tradition marriage has been between one male and one female who love each other. But how would one feel if they heard â€Å"I now pronounce you groom and groom† or how about â€Å"†¦bride and bride...†? In the last 50 years the number of same-sex couples has increased. The on-going argument between the government and the people is â€Å"Should gay marriage be legal?† Although some sayRead MoreAnalysis of Koppelmans Arguement in Support of Same Sex Marriage948 Words   |  4 Pagesfew decades, the question of allowing for same-sex marriage is a recurring topic of controversy. In the houses of same-sex couples, the need for equal rights is of great importance. Currently, many states ban the marriage of same-sex couples and do not view a marriage between same-sex couples as an official marriage. These states quote the Constitutional defin ition of marriage as a union between a man and a woman. Therefore, with this definition, the marriage of a man and a man or a woman and a womanRead MoreShould Marriage for Same Sex Couples be Legal in United States?1220 Words   |  5 PagesMarriage as generally define is the union between one man and one woman. However a recent debate over same-sex marriage has stirred a nationwide debate reverberating in the halls of Congress, at the White House, in dozens of state courtrooms and legislatures, and is also becoming a speech-making topic for election campaigns at both the national and state levels. As the debate for this controversial topic rages on, the American religious community view on the topic remains deeply divided over theRead MoreSame Sex Marriage Should Be Legal Essay1072 Words   |  5 PagesSame sex marriage Same sex marriage also known as gay marriage is the union between two of the same gender having all legal rights allotted to this agreement in a given jurisdiction. According to opponents of same sex marriages such unions are more of abandonment of gender since one cannot be in the said union and still believe gender is important. Supporters of same sex marriage however refer to same sex unions as marriage equality. Same sex marriages challenge the traditional meaning of marriageRead MoreMarriage : A Right Or Privilege?1210 Words   |  5 PagesMarriage: A Right or Privilege? Marriage is a well known social norm that is practiced in most societies. In many societies, marriage is recognized as the legal bond between one man and one woman, especially in the United States. However, beginning popularity in the 21st century, the debate on same-sex marriage has grown exponentially. Many people argue that by denying same-sex couples the right to marry they are taking away their fundamental rights as citizens. There are also some arguments thatRead MoreGeorge Chauncey, Why Marriage?1245 Words   |  5 PagesGeorge Chauncey, Why Marriage?: The History Shaping Today s Debate over Gay Equality, 2004 Nisha Chittal, Judges Chip Away at Florida Gay Marriage Ban, msnbc.com, July 26, 2014 Jeffrey M. Jones, Same-Sex Marriage Support Solidifies Above 50% in U.S., Gallup.com, May 13, 2013 Stonewall Rebellion, www.nytimes.com, Apr. 10, 2009 Goldberg, Carey (February 10, 2000). Vermont Panel Shies From Gay Marriage. New York Times. Retrieved July 13, 2013. https://www.isidewith.com/poll/965633 Read MoreThe Issue of Gay Marriages918 Words   |  4 PagesGay marriage has come to be a pressing topic in the contemporary society as more and more individuals get actively involved in discussing it. Individuals who oppose same-sex marriage are typically inclined to bring on a deontological argument or to say that legalizing the act might bring on other issues. In contrast, people who support gay marriages focus on matters related to human rights and justice. The arguments generated by each of the sides are certainly thought-provoking and it is very difficultRead MoreSame-Sex Marriage in India1534 Words   |  6 PagesSame sex marriage in India Introduction Same-sex marriage is one of the most debated social topics in the world today especially with regards to equality and rights of such couples. There are a few countries that provide rights of full civil marriage to same-sex couples such as Belgium and Canada (Graff, 2004). Some other countries such as South Africa, Australia, and France amongst others provide such couples with civil union rights or legal partnership rights (Graff, 2004). The debate on whetherRead MoreShould Same Sex Marriage Be Legalized? Essay1509 Words   |  7 Pagesconstantly is legalizing same sex marriage. Since same sex marriage has become a popular topic that everyone has to deal with, it has provoked many problems around the world. People have different aspects stating that gay marriage has pros and cons. Fortunately, even though everyone constantly can not stop talking about gay marriage, it keeps spreading throughout the world and causes more problems day after day. In an article titled Supreme Court rule s in Favor of Same-Sex Marriage Nationwide, it

Gi Jane Essay - 1135 Words

The film G.I. Jane takes place in the 1990s and shows discrimination of a women in the United States Navy. Lieutenant Jordan O Neal played by Demi Moore, is a naval intelligence officer who has ambitions of moving beyond her military desk job, to become a member of the Navy Seal. Thanks to the political maneuvering of a female senator, O Neal becomes the first female candidate for the Navy Seals. The Seals are the militarys elite Special Forces team. O Neal becomes the guinea pig of senator Lillian DeHaven in this film. DeHaven bullies the Navy into taking ONeal as a Seal recruit in order to become the first female member of the Navy Seal. ONeal is put through a series of tests and her main obstacle is Master Chief John†¦show more content†¦But non of her advesiariers counted on ONeal singular strength. Even when she becomes fodder for compromising politicians who betray her, she refuses to surrender. Jordan ONeal is a Navy Veteran who resents not being allowed int o combat during the Gulf War. Now there is a move under way for full female equality in the fighting forces. One quarter of U.S. Navy jobs are still off limits to women still today. On April 28, 1993 Secretary of Defense Les Aspin announced a policy to open up nurse specialists and assignments to women in the armed forces. The policy means that women will no longer be excluded from military specialists simpily because the jobs are dangerous. It opened up combat aircraft to women. It instructed the Navy to open additional ships to women. In November Congress signed legislation repealing the law barring women from serving on combat ships. In the film Senator Dehaven was pushing the military to accept females in all possibiile military positions. In contemporary society, women are already now accepted into combat situations and previously all-male military academies. Of the nearly 260,000 combat and combat support positions opened to women in 1994 more than half were in the N avy. Still, the Navy has the highest percentage of non-restricted jobs afterShow MoreRelated Gi Jane Essay1107 Words   |  5 Pages The film G.I. Jane takes place in the 1990’s and shows discrimination of a women in the United States Navy. Lieutenant Jordan O’ Neal played by Demi Moore, is a naval intelligence officer who has ambitions of moving beyond her military desk job, to become a member of the Navy Seal. Thanks to the political maneuvering of a female senator, O’ Neal becomes the first female candidate for the Navy Seals. The Seal’s are the military’s elite Special Forces team. O’ Neal becomes the guinea pig of senatorRead More Personal Narrative - I Am GI Jane Essay1823 Words   |  8 PagesI Am GI Jane â€Å"Go! Go! Go!† yelled Drill Sergeant Saunders. I must have fallen asleep for a few seconds because I did not hear him give the order to start crawling. I opened my eyes to all three drill sergeants surrounding me and screaming at the top of their lungs. In my mind I kept asking myself, Why did I join the U.S. Army? â€Å"Get the hell off of that wall!† exclaimed Drill Sergeant Hill. He continued to degrade me by yelling, You will amount to nothing if you dont getRead MoreJane Goodall: The Primatologist of Our Time Essay1191 Words   |  5 PagesApril 3, 1934 a leader was born. A leader by the name of Jane Goodall, an extremely well rounded, primatologist of our time. Although this may seemed distant to many, it was actually her calling. At the age of one, Goodall received a stuffed chimpanzee that her father Herbert Goodall gave to her. She named the chimpanzee Jubilee, which she still keeps with her in her home in England. That was the beginning of her curious mind. She opened many eyes on the situation with chimpanzees being harmed inRead MoreAnalysis Of The Poem Second Child And Maria Branswell S Fifth Child2059 Words   |  9 Pagesup stories and wrote them all down. Since their father was never home, it gave Charlotte Bronte the idea for Jane Eyre to be an orphan since i ts how she felt with her mother dead and a father who is never around. Especially with the events that took place in the boarding school, Charlotte used the events in her life and put the majority of them into one of her well known novel known as Jane Eyre. She was so drawn into her creative world that she began to dwell in the problems of her characters. SoRead More The Bildungsroman Genre Essay4241 Words   |  17 Pagesfiction in the last two centuries has taken this form and, therefore, constitute part of the history of the novel in the world. Great Expectations (1860-1861), written by the English author Charles Dickens, and Emma (1926), by another English author, Jane Austen, can be analysed under this perspective. Througout Dickens’ novel, Pip, the main character, goes through many changes in his personality to eventually coming to terms with his own actions. Austen’s novel deals with a female character, Emma,Read MoreWomen in The 16th Century Essay1082 Words   |  5 Pages(â€Å"Documents for Chapters 56†). In the 16th century, women were looked upon as a gender that should stay in the house and work, not have power and rule over a country. Discussing the govern of Queens during the 16th century, such as Mary Tudor, Lady Jane Grey, Mary, Queen of Scots, and Elizabeth I, allowed prejudices to be lessened but never completely be erased. No matter how these four notable ladies came into power, the accomplishments they overcame, achieved and wrote about proved to be great andRead MoreRegency Gentlemen Amusements Essay715 Words   |  3 Pagesof the gently born participated. In the mid-1700s, Jack Broughton completed the first set of rules to be used at bouts in his club. Not counting cock fighting, these rules were the first applied to sporting events in modern history (GI). Regency violence was personified by the Fancy, followers of the bare-knuckle boxing championships. The fights captured the interest of many, and were frequently viewed by crowds between 3,000 and 10,000 people (Channel4). The drawn-outRead MoreJane Dares Health record Abbrev.872 Words   |  4 Pagesï » ¿Instructions Complete the medical abbreviations chart. (Note that the medical abbreviations are the same as those highlighted in yellow in Jane Dare’s Health Record). In the second column, list what each of the individual letters in the abbreviation represents. In the third column define the context or meaning of the term that the abbreviation represents. Use simple terms. Finally, in the far right column, identify the source document. For example,  face sheet, discharge summary, progress notesRead MoreThe Legacy Of Rape, By Nancy Toping Bazins And Jane Harmovit Lauters Philosophy Of Domination1502 Words   |  7 PagesTo explore the legacy of rape as a tool in war Nancy Toping Bazin’s and Jane Harmovit Lauter’s philosophy of domination is important to know. The philosophy of domination is the underpinning of all patriarchal institutions from domestic institutions, to government, and the military. Another usefully theory is one succinctly described by Katrina Lee Koo in â €Å"Confronting a Disciplinary Blindness: Women, War and Rape in the International Politics of Security†. Koo says, â€Å"the nation, the state, alliesRead MoreGeneration X, By Megan Johnson And Larry Johnson Essay799 Words   |  4 Pagespatience as marketers decide whether or not if the consumer wants his or her assistance of whether or not to purchase a product and/or service (p. 152). ï‚ § Managing the Multi-Generational Workforce: From the GI Generation to the Millennials by Robert G. Delcampo, Lauren A. Haggerty, Meredith Jane Haney, and Lauren Ashley Knippel Chapter Six: Organizational Structure, Culture, and Training and Chapter Seven: Recruitment and Retention Tactics To create an effective and efficient workplace environment

financial Accounting of McKenzie and Associates Accounting Company

Question: Discuss about the McKenzie and Associates Accounting Company. Answer: Thank you for your acceptance and trusting of our professional accounting service. McKenzie and Associates Accounting Company is proud of have you as our esteem customer, we trust that we will continue collaborating as we share both professionalisms in accounting and you excellent success. We are motivated by your response and coming back seeking new advice concerning accounting activities and operations that are relevant to you reputable organization. Therefore, we feel proud and honor to be your trusted accounting adviser. McKenzie and Associates Accounting Company has been in operation for the last ten years providing accounting advice to many companies around the world, what keeps us going on with our services is the fact that those companies are able to implement on our advice and they end up realizing better fruits out of their financial operations. Our main aim is to ensure that we advise our clients based on the financial controls, measures, and process as we respect the poli cies that are stated and inaugurated by the board of director and financial departments. We understand the financial operations and challenges that affect many organization, especially Pewter Ltd. Lack of implementing the stated policies and the financial measure could lead to financial challenges. The role of accounting and finance department to ensure that all policies and measure inaugurated by them and top management are well implemented and utilize in order to reduce and provide solution to the financial fatal financial activities. However, we have it is our role to help the organizational management to eradicate on the measures that are irrelevant to the company. Advice concerning the Warranty expense Warranty is the agreement made to the products by the manufacturer that the repair and replacement of the product will be done without any cost incurred by the consumer; period for warranty is usually stated. It is the responsibility of the manufacturer to state the warranty period and provides the conditions that will be acceptable to repair or replace the products purchased by the consumer. The total of warranty expense is limited by the period of warranty that the business organization is typically allowing. The company normally incurs warranty expenses when sales are made. When the manufacturer makes some sales, it has the obligation to repair and replace the products. It is important for Pewter Ltd to provide warranty services to the clients; this will allow the company to gain trust and loyalty from the customers. Consequently, the company is recommended not to force customers to pay for the shipping and transport cost that will exceed the price of the product. Pewter Ltd is board of management is advice not to enter into extended warranties or service contract, they may force the company to incur a lot of costs, and thus reducing the profitability of the company. AASBs Act 137 states that the company that provides extended services to the client may become bankrupt at its early stage since a lot of costs are incurred to that product, which is not faulty. The act indicates that not all products are breaking on the time covered by the warranty period some clients may demand extra service to the product forcing the company to incur cost that will increase the company expense and liabilities(AASB C.A.S, 2014). The company is advice to describe consumer warranty protection by stating clearly that it provides extended warranty service under the cost paid by the consumers. While striving towards realizing profitability making approaches, Pewter Ltd is advice to recognize the impact of warranty expense to the financial statements. It is important for the company to recognize the all variance expense that contributes to the warranty expense. The current agreement made by the board of management on warranty expense should be revised since it will mislead the company from the recording company general expense, therefore, influencing the profitability approach for the company(Lee Vetter, 2015). Pewter Ltd is advice to recognize all the variance that contribute, the variance warranty expense should be treated as the accrual expense since they accrue before they are released or incurred by the company. The company should record these expenses at the same period when the related product sales are made and recorded by the sales department, this process of recording expense is called the matching principle, where all the expenses relating to sales are recognized during the time of reporting the revenues from the sale transactions(Camilleri, E Camilleri, 2017). The Pewter Ltd Company is advice to specify the number of damages to its products within certain number of days. The company should reasonably estimate the amount of warranty claims that are likely to arise under the policy; the estimated amount should accrue the expense that reflects the anticipated claims. Corporations Act 2001 (Corporations Act) and the Australian Securities and Investments Commission Act 2001 (ASIC Act) contains information that relates to the license of extended warranties to the products manufactured by a company. The act states that companies that provide the extended warranties are providing additional coverage to the existing warranties, and thus incurring high cost compared to the normal warranted limited by the warranty period(Baker, et al., 2017). Advice concerning retail company operations Retail operations are currently considered as the business process that allows the company to increase its profitability making. Companies involved in retail services are in a better position to gain competitive advantage over the specified marketplace. Pewter Ltd Company is advocated to understand the business activities that suits the retail activities; the company is also mandated to estimate the issues that will arise because of involving itself in retail services(Evans Weil, 2017). Competitive advantage to a company is derived from the major business factor that defines the firm success. The business competitive advantage is gained by a business that provides excellence services and products to its clients, it is also gained when the company is able to meet the consumers demands in the market. Retail services are what is considered as the best preference of gaining competitive advantage in the market, retail servicing allows the company to segment its market as it ensures products are well distributed in the market. Pewter Ltd Company is operating in a devised market that every company is operating with an aim of increasing its market share. The company is advice to increase its retailing service within the market, this will allow the company to dominate the supply chain of the product in the market it operates. CORPORATIONS ACT 2001 - SECT 761G state about the retail services to client in relation to the financial products. It is clear that the retailers are primarily creating a platform that links the company and the consumer(Goodman, n.d.) Pewter Ltd Company is mandated to shape the products demand structures in the market by involving its self in retail services. Raggio stated that retailing is also a marketing strategy that needs to be adopted by a business organization. Pewter Ltd Company is recommended to encourage retailers to keep own setting aside more sections that will be used to exhibit different product, this will improve on customer experience. The customer should be allowed to choose and compare the variety of products displayed in one retail shop. However, the company can improve on customer experience by allowing customers to compare their old products with the new one, some customer may prefer to purchase the old product because of some factors such as durability, efficiency, and price. Based on the emailed we receive, the Pewter Ltd Company is encouraged to continue working with the retailers they have entered into agreement with if they can increase the number it could also better. Pewter Ltd Company is advice to state the number of retailers and their areas of operation in relation to the revenue they report to the company at every time they made products sales. Sometimes some of the retailers are just enjoying the exhibition fee they are paid and that they cannot even make target of product sales in each quarter, the payment fee that was to be paid should be treated as an income to the company and not expense. The company is advice to ensure that the $600 fee they pay for exhibition fee reduces the number of the retailers increases this will increase the company revenue. Auditing is an important strategic management approach that allows business organizations to realize their progress in terms of their performance. Pewter Ltd Company has allowed retailers to transfer the revenue to them after deducting the exhibition fee. The company should conduct an audit practice to the stores, this will allow them to realize the sales before the end of quarter. The Pewter Ltd Company is encouraged to recognize sales based on the principles provided by the International Financial Reporting Standards, the principles state that revenues should be recognized when the sales are made. Therefore, the company is recommended to receive revenues at the end of each quarter when the sales have been made and not before sales are made. It is important for the company to understand that recognizing the value of sales at the beginning of each quarter will eventually affect the financial statements of the company. Adjustments to be made when sales are not made are considered as irrelevant approach of recording transactions, adjustments are only recommended when errors and mistakes are found in company records(Gimbar, et al., 2016). However, Pewter Ltd Company is advice not to record all the reversed products with the incoming inventory. The processing cost of both incoming and reversed product is very much different, the processing cost of producing the products may not be same due to critical factor that may occur during the course of the quarter. Pricing of product should also be different, this is due to the processing cost material cost and other relevant costs of product. Retailers acts as the link between the company and the consumers, at the beginning of one-quarter, consumers may decide to purchase the products that were revised on the previous quarter The company should consider agreement with the retailers to implementing the inventory measure such as FIFO and LIFO as they make products sales. These inventory measures allow the retailers to determine the price strategy of selling the products to the consumers. Pewter Ltd Company is advice to consider the price strategy as the primary factor that deter mines the purchasing power of the consumers(Lee Vetter, 2015). Pewter Ltd Company is also encouraged to consider the cost of sales as part of doing business. The exhibition fee of $600 should be treated as cost of doing business since they are incurred before sales are made. The net amount received from the stores should be confirmed by conducting audit practice; this will compare the incoming inventory given to the stores with the sales made as well as unsold products(Dunne, et al., 2013). In conclusion, the company is advocated to implement on advices given since it will allow the company to accomplished its strategic goals and objectives. It is our happiness as McKenzie and Associates Accounting Company to be part of the success, we encourage you to implement on our recommendations as they give the platform of reaching out to the market. We will also recommend that you will respond concerning our advices if any clarification is required. Please do confirm that you receive the later through a phone call and email. References Baker, H. K., Filbeck, G. Ricciardi, V., 2017. Financial Behavior: Players, Services, Products, and Markets.. s.l.:Oxford University Press. Balance, B. C., Receipts, T. C. Receipts, F. C., 2015. Cash Management.. s.l.:s.n. Camilleri, E, E. Camilleri, R., 2017. Accounting for Financial Instruments: A Guide to Valuation and Risk Management.. s.l.:Routledge. Cho, Y., 2015. The relationship between resources and market coverage in small local internet retailing. International Journal of Retail Distribution Management, 43(7), pp. 597-616.. Dunne, P. M., Lusch, R. F. Carver, J. R., 2013. Retailing.. s.l.:Cengage Learning.. Evans, E. A. Weil, R. L., 2017. Serving as a Financial Expert in Litigation. Litigation Services Handbook: The Role of the Financial Expert. s.l.:s.n. Gimbar, C., Hansen, B. Ozlanski, M. E., 2016. The effects of critical audit matter paragraphs and accounting standard precision on auditor liability. In: s.l.:The Accounting Review, pp. 1629-1646.. Goodman, B., n.d. International Business Machines Corporation, 2015. Interactive client computer communication. In: s.l.:U.S. Patent, pp. 124,447. Hayes, R., Wallage, P. Gortemaker, H., 2014. Principles of auditing: an introduction to international standards on auditing.. s.l.:Pearson Higher Ed.. Herda, D. N. Lavelle, J. J., 2015. Client identification and client commitment in a privately held client setting: Unique constructs with opposite effects on auditor objectivity. In: s.l.:Accounting Horizons, pp. 577-601. Jackson, D., 2014. Business graduate performance in oral communication skills and strategies for improvement.. The International Journal of Management Education, 12(1), pp. 22-34. Lefevre, A. F. Chapman, M., 2017. Behavioural economics and financial consumer protection.. s.l.:s.n. Pacter, P., 2017. IASB Corner.. The International Journal of Accounting.. ROGGIO, A., 2015. Small-business Retail Marketing for 2016. PRACTICAL ECOMMERCE. [Online] Available at: https://www.practicalecommerce.com/4-Tips-for-Small-business-Retail-Marketing-for-2016 [Accessed 16 SETP 2016]. Saunders, A. Cornett, M. M., 2014. Financial institutions management. s.l.:McGraw-Hill Education,.. Smith, S., 2017. Strategic Management Accounting: Delivering Value in a Changing Business Environment Through Integrated Reporting.. s.l.:Business Expert Press.. Weygandt, J. J., Kimmel, P. D. Kieso, D. E., 2015. Financial Managerial Accounting.. s.l.:John Wiley Sons..

Duties and Responsibilities of Directors

Question: Discuss about the Duties and Responsibilities of Directors. Answer: Introduction Directors are the image of leadership in any company or organisation; they control and manage its activities(Longman, 2003, p. 440). According to s 9 of the Corporations Act 2001, the director of a company is one who is appointed to fill this position or that of an alternate director acting in a similar capacity(Gibson Fraser, 2013, p. 726). This is subject to certain qualifications such as age where they must have attained the age of majority. Additionally, a disqualified person under part 2D.6 of the Act cannot be appointed as a director except by leave of court or permission granted by the Australian Securities and Investments Commission (ASIC). The definition provided in the Corporations Act 2001 is broad enough to encompass directors who may go by other titles or people acting as directors but have not been appointed to the role(Cassidy, 2006, p. 179). In Perkins v Vincy [2001] SASC 362, the defendant had carried out duties as a director despite not having been properly appoint ed as one, based on these facts the court held his as a director. Directors duties in New South Wales, and Australia at large, have greatly evolved over the years. Stemming from the provisions of common law adopted from the UK, they are now incorporated in statute by way of the Corporations Act 2001. The history of these duties, the current provisions and possible future direction while be analysed in the following discussion. The research will also delve into the consequences resulting in a breach of these duties and remedies available to aggrieved parties. This discussion is aimed at evaluating the duties and responsibilities of directors under Australian Corporations Law. An Overview of Directors Duties The duties of directors in Australia are drafted to achieve good governance and ascertain that directors carry out the companys interests above their own(PWC Australia, 2011). They have been categorised, but are not limited to: the duty of care and diligence, the duty to act in good faith, the duty not to use information for personal benefit and the duty not to misuse their position as directors to gain advantage; they are enforced by the ASIC (CCH Australia Ltd, 2011, p. xii). According to Romer J in Re City Equitable Fire Insurance Co Ltd [1925] Ch 407, the standard of care in this duty is tested against the actions or inactions of a reasonable man under similar circumstances(Corkery, 1987, p. 133). This duty is encompassed under s 180 of the Act which recognises the duties of directors under common law as well as the business judgment rule. In addition to this test, the size and type of company, the constitution of its board of directors as well as how they distribute their duties should also be considered in the determination of care and diligence employed(Douglas, 2015). Directors duties vary as per their personal skills and qualifications. The breach of the duty of care and diligence constitutes an act of negligence and can be brought to court as such(Douglas, 2015). Although directors are expected to exercise due diligence, the law appreciates that not all decisions will be fruitful; it is for this reason that the business judgement rule exists to pr otect directors from unnecessary prosecution(Latimer, 2012, p. 698). In addition to diligence, directors have a duty to ensure loyalty and good faith as they carry out their duties(Latimer, 2012). This duty emanates from the fiduciary relationship they have with shareholders; they are put in a position of trust to ensure the interests of shareholders are met above theirs, as illustrated in Regal (Hastings) Ltd v Gulliver [1967] 2 AC 134(Cassidy, 2006, p. 216). In this case, directors put their interests above those of the company where they purchased property in the companys name without fully informing shareholders in order to gain consent. The court found the directors in breach of their fiduciary duty. Section 181 of the Act expects directors to act in good faith; that is, in a manner geared to ensure the companys interests are met. As such, they should ensure to avoid the compromising situation and to disclose any conflict of interest arising as they conduct their duties(Australina Institute of Company Directors). The concept of proper purpose was established in Mills v Mills [1938] 60 CLR 150 where it was held that the but for test can be applied to determine whether a directors actions were aimed at carrying out the proper purpose(Bartholomeusz, 2015). Megarry V.C. stated that this case illuminated that, where the main purpose of a directors decision was in the best interests of the company than an incidental benefit to the director would be inconsequential(Ritson, p. 634). According to the courts, it is up to the directors to determine what serves as the best interest of the company as seen in Re Smith Fawcett Ltd [1942] Ch 304, however the reasonable mans test is applied to determine the objectivity of these decisions(Cassidy, 2006, p. 217). In New South Wales, this was illustrated in Winthrop Investments Ltd v Winns Ltd(1975) NSW, the Court of Appeal held that a general meeting of the companys shareholders, having been fully informed of the facts, would endorse an execution of directors powers where it would otherwise constitute a breach of their fiduciary duty; and may give future authority to execute similar authority if it is in the companys best interests provided honesty and full disclosure is employed(FindLaw Australia). Directors, therefore, have a duty to ensure they are driven by the interests of the company and employ honesty and reasonableness in making their decisions. The duty not to use their position for personal gain ties in with the aforementioned fiduciary duty. Section 182 of the Act provides that a director, who conducts themselves in a manner that would be of advantage to them or disadvantage to the company is in breach of their managerial duties despite the result of said conduct or decision. Where a director discovers they have any material interest that would compromise the above-mentioned duty, they should disclose their conflicting interest to the company as per s 191 of the Act. Additionally, directors are obliged to ensure they do not use any information they acquire as a result of their position to their own advantage or that of another at the detriment of the company. This duty is placed on them by s 183 of the Act and is applicable even after they exit the company; breach attracts a civil penalty. Directors are also tasked with ensuring that they prevent insolvent trading; that is ensuring the company does not trade while insolvent or where it seems it may be insolvent(AICD, 2013). Failure to prevent the company from taking up debt amounts to a breach of duty if it is discovered that they, directors, were aware of the companys possible insolvency (Tunstall, 2017). This provision is found under s 588G (1) and (2). Additionally, directors are tasked with ensuring financial records and financial reporting is up to date as per the provisions of s 344 of the Act. The Evolution of Directors Duties and Responsibilities Modern Australian corporations law, which encompasses the duties and responsibilities of directors, has its roots in the developments of company law in England in 1825(Bathurst, 2013). The Joint Stock Companies Act 1856 made directors liable if they paid out dividends during insolvency; most contributions, however, were by way of case law. The fiduciary duties of directors to their companies were first established in the early twentieth century(Bathurst, 2013). Isaacs J, in Australian Metropolitan Life Insurance Co Ltd v Ure (1923) 33 CLR 199 at 217, refers to evidence in case law of the earlier recognitions of these duties. In 1925, Re City Equitable Fire Insurance Co Ltd [1925] Ch 407 directors duty to execute their activities by employing due care and diligence in their activities was recognised; as aforementioned, this is tested against the act or omission of a reasonable man under the same circumstances. According to the court, the standard of care employed, while including the reasonable mans test should also pay regard to the nature of the companys business as well as the directors qualifications and experiences in their line of duty. Additionally, it is important to note that directors are free to delegate certain duties to other company officials. Where they delegate, directors should ensure these duties are performed with utmost honesty and diligence. Although not the first case, Re City Equitable Fire Insurance Co Ltd is commonly recognised as the case illustrating the duty of care expected of company directors(Bathurst, 2013). All the aforementioned principles, although still largely aspects of common law are today encompassed in the Corporations Act 2001 and have thus become statutory duties that carry with them penalties as well as a possible criminal liability that could result in incarceration. Directors Duties in Public and Proprietary Companies It is important to note that although the general duties of directors are similar among both proprietary and public companies, the law places stricter responsibilities on public companies which are required to be more transparent. Failure to comply with the duties and responsibilities set aside for public companies can lead to delisting and as such directors are expected to be more diligent. An example is found in s 674 of the Act which obliges directors of public listed companies to disclose any information that would affect the value of their securities as per the listing rules failure to which constitutes an offence. On the other hand, s 188 of the Act places certain corporate social responsibility duties on company secretaries and it is the duty of directors in proprietary companies to ensure they are carried by the company secretary. .However, the basic duties remain the same in both types of companies. Consequences and Remedies for Breach of Duty The failure of company directors to comply with their duties has serious consequences, which may include a 5-year jail term, criminal and civil penalties or fines of up to $200,000, dismissal as manager as well as the possible personal liability of the directors found in offence(Moroney, 2016). When winding up a company, either by court order or voluntarily, the companys administrator in charge of the liquidation process can lead actions against the directors found in breach of their duties and have them found personally liable. ASIC as the body in charge of enforcing directors duties can conduct investigations where it receives any reports of a possible breach and commence criminal proceedings thereafter(Moroney, 2016). The courts, where a breach has been identified, can offer the following remedies: and injunction, damages, restoration of company property, rescission, an account of profits and summary dismissal(FindLaw Australia). The Future of Directors Duties in Australia Directors duties over the years have evolved with the times and it is expected that as the corporate industry evolves these duties will continue to evolve as well to accommodate these changes. Just as the modern idea of corporation in Australia emerged from the early Crown monopolies so is it expected that current company law, and the duties of directors today will influence the future ideas of directors duties. The future of Australian company directors will be characterised by a dynamic legal environment greatly influenced by the concepts of globalisation and technology. However, amidst the ever-changing corporate industry, the core principles of directors duties emanating from common law should not be set aside. Conclusion As aforementioned, directors play an important role in ensuring good corporate governance. Directors duties have evolved over the years from common law provisions to statutory duties. At common law, directors are generally expected to act in good faith, exercise diligence, act in the best interests of the company and disclose any possible conflicts of interest. It is clear from the discussion above that these common law duties are the same which have been adopted into statute by way of the Corporations Act 2001. The Act tasks directors with ensuring they carry out these duties, among others, and creates consequences by way of penalties, fines and possible incarceration to ensure adherence. Where a director breaches the duties bestowed on him, courts can award various remedies such as injunctions, damages, an account of profits, and restitution of property as well as rescission of contracts. As the corporate industry evolves it is expected that these duties will evolve as well to acco mmodate these changes. References AICD. (2013, January). General Duties of Directors. Retrieved from Australian Institute of Company Directors: https://aicd.companydirectors.com.au/resources/all-sectors/roles-duties-and-responsibilities/general-duties-of-directors Australian Institute of Company Directors. (n.d.). What are the duties of Directors? Retrieved from Company Directors: https://www.companydirectors.com.au/~/media/resources/members/pdf/what-are-the-duties-of-directors.ashx Bartholomeusz, S. (2015, January 27). Directors Duties in Focus- Duty not to Act for an Improper Purpose. Retrieved from You Legal: https://youlegal.com.au/directors-duties-in-focus-improper-purpose/ Bathurst, T. F. (2013, September 3). "The Historical Development of Corporations Law". Retrieved from Supreme Court Justice NSW: https://www.supremecourt.justice.nsw.gov.au/Documents/Publications/Speeches/Pre-2015%20Speeches/Bathurst/bathurst_20130903.pdf Cassidy, J. (2006). Concise Corporations Law. Sydney: Federation Press. CCH Australia Ltd. (2011). Australian Corporations Securities Legislation: Corporations Act 2001, ASIC Act 2001, related regulations. Wolter Kluwer Group. Corkery, J. F. (1987). Directors' Duties of Care, Skill and Diligence. In J. F. Corkery, Directors' Powers and Duties (pp. 131-144). Melbourne: Longman Cheshire. Douglas, J. (2015, August 3). Directors' duty of care and diligence. Retrieved from Legal Vision: https://legalvision.com.au/directors-duty-of-care-and-diligence/ FindLaw Australia. (n.d.). Effects of Breaching Directors' Duties. Retrieved from Find Law Australia: https://www.findlaw.com.au/articles/189/effects-of-breaching-directors-duties.aspx Gibson, A., Fraser, D. (2013). Business Law 2014. NSW: Pearson Higher Education AU. Latimer, P. (2012). Australian Business Law. Sydney: CCH Australia Ltd. Longman. (2003). Dictionary of Contemporary English. Essex: Pearson Education Limited. Mills v Mills, 150 (60 CLR [1938]). Moroney, L. (2016, April 27). Consequences for Breaching Directors Duties. Retrieved from Legal Vision: https://legalvision.com.au/consequences-for-breaching-directors-duties/ Perkins v Vincy, 362 (SASC [2001]). PWC Australia. (2011). A Guide to Directors' Duties and Responsibilities for non-listed public companies in Australia. Retrieved from PricewaterhouseCoopers: https://etraining.communitydoor.org.au/pluginfile.php/608/course/section/95/GuideDirectors_Apr08.pdf Re City Equitable Fire Insurance Co, 407 (Ch [1967]). Re Smith Fawcett Ltd, 304 (Ch [1942]). Regal (Hastings) Ltd v Gulliver, 134 (2 AC [1967]). Ritson, L. (n.d.). The "Proper Purposes" Duty of Directors and Defensive Measure Against Company Takeovers. Sydney Law Review, 627-638. Tunstall, I. (2017). Directors duty to prevent insolvent trading. Retrieved from FindLaw Australia: https://www.findlaw.com.au/articles/616/directors-duty-to-prevent-insolvent-trading.aspx Winthrop Investments Ltd v Winns Ltd, 666 (2 NSWLR [1975]).