Alex Chung graduated with a BA Hons from UNDA, received an MA from UNSW, and completed his MIDP from Monash University. (1992) 9 ACSR 691, 691, 693; cited R P Austin and I M Ramsay. A person must satisfy section 234 and section 232 of the Act to bring a claim for shareholder oppression. Conclusion. Being rich in history, Australia is a large example of oppression in our world. OPPRESSION IN AUSTRALIAN SOCIAL SECURITY LAW K ... Australia, the existence of the rule has been justified according to basic princi-ples of equality between married and unmarried women. 64 These examples have been discussed further in Richard Brockett, ‘The Valuation of Minority Shareholdings in an Oppression Context – A Contemporary Review’ (2012) 24.2 Bond Law Review 101, at 106. So here lies my problem. N.p., 17 Apr. It is worth noting that the “traditional disability-welfare approaches under the medical model de facto promoted inequality among the diversity of persons with disabilities by adopting legislation that benefited certain groups of persons with disabilities while excluding others.”  This includes the deprivation of legal capacity faced by disabled peoples and their struggle to accessing their right to social protection. It was unclear on the facts whether the company held property on trust,93 but Justice Chesterman made the following comment: If the trust has been validly constituted, then the shares in the company are worth no more than face value and it is inappropriate for the court to order a compulsory purchase. On Australia's stages dramatists continue to explore the ramifications of that apology and colonial history. Oppression. (LexisNexis Butterworths, 15th ed, 2013) 714 [10.440]. But Australian courts do pay attention to what happens in the UK, and the issues that the Bell case highlights do apply here: for example, the fact that the Family Court in Australia has uncritically accepted the pro-gender transition side. Do you agree with this approach? Captain Cook claims possession for England. 36 I M Ramsay, ‘An Empirical Study of the Use of the Oppression Remedy’(1999) 27 Australian Business Law Review 23; cited in R P Austin and I M Ramsay, Ford’s Principles of Corporations Law (LexisNexis Butterworths, 15th ed, 2013) 710 [10.430]. Two Concepts of Oppression There may be a more dangerous, all-pervasive threat than terrorism. In practice, the social model has yet to materialise as the dominant model, as public mental health authorities continue to oppress persons with psychosocial conditions through a combination of punitive and discriminatory laws that are constructed with a “best interests” paradigm in mind and a medical model that pathologises difference and dissent. The professional as a service provider role should understand their role as a “consultant, coach and resource provider” ensuring that the decision-making is carried out by the client and their family. 45 See Fedorovitch v St Aubins Pty Ltd (1999) 17 ACLC 1558, [10] (Young J). The shares in Prestoo either have no value or alternatively a value of $1 being the amount paid for each share and they continue to have that value. Australia’s first female Prime Minister Julia Gillard sparked public discussion about both the gains for women and ongoing misogyny in society. Restrictions on transfers of shares [58], Excessive remuneration of Directors [59]. I expected it to concentrate on the obviously overboard rights violations of the Australian system (at least Victoria’s) and perhaps delve into the criminal motivations that might lie behind it. …Their language and history indicate that sections 232 and 233 are to be read broadly. While the Act operates in a supposedly civil arena, the overriding power of the authorised psychiatrist to impose compulsory treatment in the community with the threat of hospitalisation (i.e. Community Treatment Orders in Victoria, Australia deprive people of liberties guaranteed under the UN's Convention on the Rights of Persons with Disabilities. General comments and guidance from the committee specifically refer to the incompatibility of substitute-decision making regimes, involuntary commitment or detention in mental health facilities and compulsory treatment in the community. The Cold War between the United States and the Soviet Union meant that nuclear war was a real threat and some people saw Australia as a safe place to live. This has gone so overboard in recent times that it currently includes making it “illegal” to operate certain types of businesses that contribute to society and enable business people to feed their families without asking the taxpayers for help. If we begin with the premise that all people are equal and that human rights are indivisible, inalienable and interrelated, then the deprivation of liberty, of choice, and of conscience is thus an inherently immoral, illegal, and illegitimate use of force by state parties. 127 Ari Bergman, Unitholder Rights Compared to Shareholder Rights in the Context of Oppression (SJD Thesis, Monash University, forthcoming) 159–60. each of the Lane, Cuciti and Gabbey families participated in the business and had interests in a third of the units in the unit trust and in the shares of the defendant trustee company. And that is an excuse that shrinks actually use. (a) a member of the company, even if the application relates to an act or omission that is against: (i) the member in a capacity other than as a member; or. Levels and Types of Oppression. In the United States, “pill shaming” and “forced drugging” are one and the same. 52 Richard Brockett, ‘The Valuation of Minority Shareholdings in an Oppression Context - a Contemporary Review’ (2012) 24.2 Bond Law Review 105. Whilst the doctors referred to themselves as partners, they chose to regulate their relationship primarily through the terms of the Unitholders Deed. 4 Richard Brockett, ‘The Valuation of Minority Shareholdings in an Oppression Context – A Contemporary Review’ (2012) 24.2 Bond Law Review 101, 102. Why are they being oppressed? The professional is viewed as a service provider to the client and their family, and the client decides what services are or are not appropriate. I do hope someone had the ability to recognise that what I am saying could be true, despite the slander I have been subjected to. They would be ‘fuking destroyed’. Today there is more formal equality between the sexes, and more opportunities for women to occupy positions of power, but ordinary women’s lives remain marred by oppression. For a full summary of facts see Ari Bergman, Unitholder Rights Compared to Shareholder Rights in the Context of Oppression (SJD Thesis, Monash University, forthcoming) 120. As a young man Habiburahman fled oppression in his native Myanmar and lives, stateless, in Australia. The historical threshold for medicating disabled peoples against their will, at times with untested, untried and inhumane procedures, to an extent far beyond that of those for biophysical conditions, no longer passes for ethical medicine. 218. 9 Justice Young in Kizquari treats the values of shares and the value of units as entirely separate matters. He could defend his actions by claiming that just because I can’t walk, maybe if they throw me at the ground and I miss, I can fly. The medical model places agency in the hands of medical professionals under a “best interests” paradigm where decisions are made through medical lenses to determine the so-called “best outcome” for the patient, without much regard for the patient’s will, preferences or even opposition to treatment. I wonder how many others have been murdered in this manner. Green Left is a vital social-change project and aims to make all content available online, without paywalls. Yvonne Lay is Development Lead - Safety & Resilience, Women's Research, Advocacy and Policy (WRAP) Centre, Good Shepherd Australia New Zealand. (SJD Thesis, Monash University, forthcoming) 159. This makes the Office of the Chief Psychiatrist look like the Office of Jewish Affairs under Adolf Eichmann. Legislation such as the Mental Health Act (England and Wales), Guardianship Act 1987 (New South Wales, Australia), and the Mental Health (Compulsory Assessment and Treatment) Act 1992 (New Zealand), to name a few, overtly and inexcusably violate fundamental tenants of international human rights law. Oppression, which is a misdemeanor, is committed through any act of cruelty, severity, unlawful exaction, or … It is also worth noting that mental and legal capacity are notions often muddled in many professionals’ minds.”. Has the Drug-Based Approach to ‘Mental Illness’ Failed? •ANTI-OPPRESSION RESOURCE AND TRAINING ALLIANCE (2014). However, I think the “right-based” model might be named instead the “freedom to be true to oneself” model. See: Ari Bergman, Unitholder Rights Compared to Shareholder Rights in the Context of Oppression (SJD Thesis, Monash University, forthcoming) 119–20; R P Austin and I M Ramsay, Ford’s Principles of Corporations Law (LexisNexis Butterworths, 15th ed, 2013) 697–709 [10.383]–[10.420]. The preponderance of authority is to the effect that, where oppression has occurred in a company which is a bare trustee so that all its assets are held in trust, relief under sections 232 and 233 of the Corporations Act is inappropriate. Police by retrieving the proof of the crimes and allowing them time to make some ‘alternative arrangements’ and “edit” the legal narrative to suit made the matters become ‘civil matters’. CTO’S My presentation was about understanding the concept of systematic oppression and institutionalised racism. Aboriginal and Torres Strait Islander people have long spoken out for equality on both the national and international stage. The medical model of disability problematizes a person’s impairment as “disability” in the realm of normal versus abnormal modes of functioning and stresses medical interventions to restore or enable “normal” functioning. [2013] VSC 253 (16 May 2013) [51] (citations omitted). 29 Re Bright Pine Mills Pty Ltd [1969] VR 1002. On 20 August 2012 12:43 My eye was drawn this week to an article in the Sydney Morning Herald, via Twitter – a rather generous tribute to our Olympic Games. Following on the model established by the International Covenant on Civil and Political Rights (ICCPR), negative rights are immediately applicable and enforceable and state parties have an immediate obligation to grant these rights. The nature of the auto correct, changed “more money” to Monroe. Nothing is more oppressive than a government that lacks policy that affirms life. This rests on a much-needed acceptance that the brutal colonization of disability by an over-medicalized profession has led to centuries of violent oppression. Great insight Alex! The oppression of LGBTI people is also rooted in the family, the normalisation of which serves to stigmatise sexual practices and gender expression that fall outside of the officially sanctioned heterosexual “norm”. (2009) 74 ACSR 282, [63] discussed on pages 29–32. 12 R Brockett, ‘The Valuation of Minority Shareholdings in an Oppression Context – A Contemporary Review’ (2012) 24.2 Bond Law Review 101, 103; citing Companies and Securities Law Reform Committee, Enforcement of the Duties of Directors and Officers of a Company by means of a Statutory Derivative Action, Report No 12 (1990) [5]-[6]. Importantly, ‘oppression may arise not just because society actively seeks to disadvantage some groups of people but rather because of the effects of societal norms, laws and unchallenged assumptions’ ( Northway 1997 p 738). co-operative societies that are incorporated. See above). "4 Things We Can Do to Make Feminist Organizing More Inclusive and Empowering for All of Us." Howard’s denial … 57 ASC v Multiple Sclerosis Society of Tasmania (1993) 10 ASCR 489. Or at least as I have explained on numerous occasions the documents can be “edited” to take the matters outside the criminal realm and made into ‘civil matters’ post hoc? This discrimination by police allowing doctors the ability to unintentionally negatively outcome people in the Emergency Dept before anyone notices that the matters were criminal and NOT civil. 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