Comparing Destruction in Rocking Horse Winner and Scarlet Ibis :: comparison compare contrast essays

Seeds of Destruction in Rocking Horse Winner and Scarlet Ibis Family relationships can, in many cases, bear the "seeds of destruction" that lead to the downfall of other family members. This is evident in Paul's relationship with his mother in "The Rocking Horse Winner" by D. H. Lawrence, and in Doodle's relationship with his brother in the short story "The Scarlet Ibis" by James Hurst. Both Paul and Doodle are controlled by a relationship within their family that pushes them too hard, causing their deaths. Doodle is controlled by his brother with fear on several separate occasions. When they were younger, Brother took Doodle into the barn loft and showed him the coffin they had made, expecting him to die as a baby. Doodle becomes extremely frightened, and doesn't want to touch the coffin. Brother makes him touch it, by threatening to leave him alone if he doesn't. In response to the threat, Doodle cries, "Don't leave me, Brother," (p 3) and touching the casket, screams. Brother uses fear to control his younger brother, forcing him to do cruel things. In the other story, Paul also is controlled in family relationships. His mother puts great strain on him by being financially irresponsible, and living beyond their means. Paul feels the strain, and is influenced by it to take the pressure away. Also, Paul's mother did not love him. This is a controlling factor because he works extra hard to gain her love. The family relationships with both Doodle and Paul also push them beyond their limits. Doodle is forced to learn to walk through Brother's determination. "Shut up, I'm not going to hurt you. I'm going to teach you to walk," his brother has said before heaving him up to try again. Brother's pride pushes Doodle to be like the other children, causing them to set unattainable goals of rowing, climbing, and swimming. Doodle is stretched to exhaustion through these exertions.

Blended Families Essay

Cartwright (2010) found that couples who re-marry after divorce can often be led to that decision by the need for an intimate relationship and the benefits they receive from that relationship. The need for financial means also brought some to the decision that they would cohabitate before re-marrying. Cartwright also came to the conclusion that while a lot of the participants in the study were aware of the possible difficulties of becoming a blended family, most of them did not talk to one another about certain parenting issues such as discipline and rules. Most of the participants also did not discuss how they would handle this change for the children involved in the two families that were blending. Cartwright says that these findings supported earlier research that suggested that couples who are blending their families often avoid talking about difficult issues so as to avoid conflict. What Percentage of Households Have Blended Families? Studies have shown that about 9% of married couple households and 11.5% of households where the parents are living together but not married, have stepchildren who live in the home. (Teachman & Teadrow, 2008) A survey done, called the HILDA survey, showed that 13% of households in the third wave of the survey, have stepchildren that either live in the home or do not and on some occasions both. A longitudinal study was done and indicated that out of the 1265 people involved in taking the study, 18.6% of them had lived in a stepfamily between the ages of 6 and 16 years old. This study included participants where the household was either remarried or cohabitating. (Nicholson, Fergusson, & Horwood, 1999). Many stepfamilies find challenges that make it very difficult to have normal functional interactions amongst its’ members. What Areas of Concern Are There for Children in Blended Families? Through research studies on blended families there seems to be a much greater risk of negative outcomes for children that are part of a blended family, as opposed to other children around  them who are from a first time marriage. (Amato, 2000; Bray, 1999: Hetherington & Kelly, 2002). When researchers have done studies on stepfamilies post-remarriage, they have found out very little about how the couple prepares themselves and their families before they re-marry or move in together to live as a whole family unit. There are a couple exceptions. A study done in 1989 in the US was conducted specifically to find out what couples do to prepare themselves and their families for a re-marriage. (Ganong & Coleman, 1989). More recently than that a study was done in Britain that questioned both the mothers and the stepfathers to find out what it was they did, if anything, to prepare prior to the re-marriage. (Smith & Robertson, 2008) The findings were that many re-married quickly and did not discuss what each other’s role would be when it came to parenting. (Ganong & Coleman, 1989; Robertson, 2008; Smith, 2008). Evidence appeared that showed there was very little, if any, help given to the children to help them with the transition into this new family life. (Robertson, 2008). How Common is Re-Marriage? Research shows that almost 20% of Americans are divorced and remarried. It has become increasingly common over time. Stepfamilies are becoming the fastest growing family unit. (Berger, 1995; Walsh, 2003b). Studies estimate that one in every two couples in the United States will divorce (Derma, 1999). What Are the Legal Ramifications of a Blended Family? Legal battles can become very expensive and are very complicated. Centuries ago, it was said that the children â€Å"belonged† to the father and so when a marriage ended, the children would stay with the father (Knibiehler, 1995). This was due large in part to the father having to financially support, educate and protect his children much like the father figure of Christian Mythology (Friedman, 1995). Around the time of the Industrial Revolution came domesticity. With that came the idea and emphasis that a child’s need to be emotionally nurtured was more important. That did not change the father’s legal obligations to financially support, educate and protect his children. With that, the  father’s role became one more of support while the mother’s role took the lead as the one who provided the children with emotional nurturance (Jacob, 1988). The one exception to the rule that the mother should have custody of the children, was that she be proven to be the cause for the end of the marriage. If that could be proven, she risked losing her property and her children. Around 1975, the idea of â€Å"no-fault† divorces was starting to have an impact on legislation (Fogarty, 2001). While the arguments for this type of divorce were mostly moral ones, the leaders of politics and religion were arguing that we had lost what once held our society together. Another big part of â€Å"no fault† divorce proceedings that nobody gave much attention to for a long period of time, was how violence or abuse within the marriage and family should affect the outcome. Very slowly did family courts begin to take in to consideration the unacceptable behaviors towards spouses and children. Then they began to make decisions based more on those findings. What Things Help a Blended Family to Be Successful? According to Visher, Visher & Pasley, 2003, becoming a blended family is a very complicated process that involves transitioning from one’s previous life and household to a whole new life and possibly household where things may be very different than before. There are many things to be thought about when choosing to blend a family. Several things must be examined since they may influence how the new family blends together. It is important to know the experiences of the previous marriage, for both parties. It is also important to know how the continued contact with the previous spouse is handled. Also important is how each spouse differs when it comes to personal maturity, the experiences each has had throughout their lives and what social status they hold. Finally, knowing what each partner considers the norm and what each ones expectations are (Swenson, 1997). Understanding how to help families of remarriage to blend successfully is an important outline for research, intervention and prevention efforts within blended families (Von Eye & Schuster, 2000). Using this approach helps to guide families when they face challenges or difficult times within their blended family (Hawley, 2000;Walsh, 1998b;, 2003a). When talking about resilience in a blended family, a lot of things are brought into the mix. Risk factors such as stressful events or bad conditions are weighed against protective factors such a family and community support to help blended families and their children to be successful in working through the hard times (Norman, 2000). According to McCubbin and McCubbin, (1988), there are certain dimensions, characteristics and features that must be looked at in order to help a blended family be more resilient to the hard times. They look at resistance to disruption in the event of a change and how well a person adapts in a critical situation. Walsh (1996) came up with the idea of relational resilience. Models have been created to test these factors. The first model, the pre-crisis ABCX model looks at the A (stressor), B (resource), and C (definition of the stressor) which help families protect themselves and get through crisis. Second are the models that focus on before and after crisis factors and the FAAR Model that was developed by McCubbin and Patterson (McCubbin et al., 1996). Last is the Typology Model of Family Adjustment and Adaptation, developed by McCubbin and McCubbin (McCubbin et al., 1996). This model focuses on what patterns are used in the way the family functions and what each persons role is in adjusting and adapting during adversity or crisis. According to Walsh (1998b), making a blended family successful and helping them to stay together can be accomplished by encouraging the family’s belief system, a supportive community, communication with one another and support within the family structure, acknowledging that some adversity it very normal and standing together as a family and believeing that you can achieve what you set out to accomplish. How is Attachment in Stepfamilies Affected? Bowlby (1973) has found that while there is an endless amount of research done on attachment, very little of that has been done on stepfamilies. He found that the disruption of bonds that a child has may make it very hard to form secure attachments otherwise in life, therefore, leading to possible psychological disorders. Separation from a parent and conflict with a new stepparent may  cause problems with attachment and adjusting in the future (Henry & Holmes 1998). These types of situations often involve some form of threat (whether it be real or not) making one of the parents more unavailable (Kobak 1999). There was some speculation that a child being raised in a stepfamily would for sure have less secure attachments than those raised by their biological parents still together. They did state that insecurities may be part of the stress of divorce and remarriage (Love and Murdock 2004). As stated by Robert S. Feldman (2011), more than 5 million couples who are each others second marriages have at least one child that is a stepchild. He states that often times, a child’s role is unclear and they are not sure of what is expected of them. Children may not be sure what their responsibilities are as a part of the new family or how they should treat their new â€Å"parent† or â€Å"siblings†. Feldman also states that blending into a new family seems to be easier for children that are school age as opposed to teenagers. He states that it is due to several different things. The family’s financial situation usually improves with a remarriage and the addition of a second income. There are also more people in the family to share chores and responsibilities with as well as more people to have a social relationship with (Greene, Anderson, & Hetherington, 2003; Hetherington & Elmore, 2003). Though there is not much research on blended families and every aspect of the changes, challenges and success’s, it is clear that raising a blended family involves a lot of planning, preparing and nurturing on the part of the children to make it successful for everyone involved.

Restructuring, Professionalism and Ethics in Insolvency Practice - Free Essay Example

Sample details Pages: 8 Words: 2539 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Case study Did you like this example? Restructuring, Professionalism and ethics in Insolvency Practice Assessment Item 2 Discuss the legal and professional responsibilities arising from the facts set out below for Gerard Mann, ( a director of Manu Ltd and ManF Pty Ltd) and Reconstruction Remedies Larry Liquidator a registered Insolvency liquidator. Key facts of the case Manu Ltd (part of a group controlled by Mann family) making parts for specialized medical equipment, in recent years producers of equipment pressuring Manu to lower costs or they will take business elsewhere. In July 2013 Manu Ltd entered contract with one manufacturer to produce parts over 5 years at a set price plus CPI increases. ManF Pty Ltd entered into another production contract for 3 years to produce certain items at a fixed price. To manufacture these products parts machinery came from Germany and both companies incurred substantial debt to the German Manufacturer but hoped that the debt would be paid off out of the contracts. Substantial monies had been paid to the Germans but large amounts are still owed under a time payment arrangement. The machinery failed to perform tasks it was expected to do and the German manufacturers denied any product liability. Further Information required to properly assess the case and advise on the respon sibilities of all parties involved. Reconstruction Remedies have closely examined the underlying business of the two companies and believed that the underlying business can be profitable; however none of this information is disclosed in the case notes. The information required can be divided into three categories Don’t waste time! Our writers will create an original "Restructuring, Professionalism and Ethics in Insolvency Practice" essay for you Create order Financial information required by Larry Liquidator for the purposes of determining solvency of the Manu Group of companies. Financial statements of both companies- Profit and loss, Balance Sheet for year ended 30th June 2014. Management accounts/cash flow projections for the 2015 financial year. Legal advice in relation to the product liability claim required by the directors of the Manu group of companies and Larry Liquidator What legal advice exists in relation to the product liability claim? What insurance policies exist that may assist the claim? What undertakings were given by Manu to the German manufacturer in terms of the work to be performed by the equipment? What directorà ¢Ã¢â€š ¬Ã¢â€ž ¢s guarantees existed in terms of the equipment contracts? Restructuring options information required by the directors of the Manu group of companies and Larry Liquidator Does the German manufacturer have a Personal Property Securities Register[1] charge over their equipment? What is the ability to restructure the existing debts owed to the German manufacturer? What value was RR putting on the old company and new Co? Was fair value consideration being given to the sale of the contracts? What independent valuation was obtained to determine the transaction price? What are the legal and professional responsibilities for Gerard Mann, (a director of Manu Ltd and ManF Pty Ltd) and Reconstruction Remedies? Gerard Mann, (MD for both companies) approached Reconstruction Remedies (RR) in January 2015. RR investigating accountants reports said both companies were underlying profitable. Mr Mann advised RR that given 3D printer developments that manufacturing could be done more cheaply and that the companies were saddled with debt for existing machines and other payment obligations to the German supplier. RR suggested contracts be assigned to à ¢Ã¢â€š ¬Ã…“newcoà ¢Ã¢â€š ¬Ã‚ , to be jointly owned by directors of RR and the Mann family. The consideration for purchase of these contracts to be assumption of some of the existing debts in Manu and ManF and the debt owing to the German manufacturer would not be taken over by Newco as well as associated debts in respect of unpaid interest. Discussion to set up Newco and transfer the contracts occ urred in Feb 2015. If a turnaround company is one facing immediate challenges to its profitability and thus not meeting the expectations of its shareholders, the Boardà ¢Ã¢â€š ¬Ã¢â€ž ¢s role is to identify and implement a strategy to ensure the success of the turnaround. The Board must assess: the strategy including short and longer term/environmental conditions; the current and prospective implementation or execution of the strategy; the culture of the organisation; and the structure of the organisation.[2] The Corporations Act specifies for main duties for directors; Care and Diligence[3] Good faith[4] Proper use of position[5] Proper use of information[6] The Act also includes an obligation to prevent a company trading if it has become insolvent[7]. The question is when Manu purchased the manufacturing equipment from the German supplier had they adequately stress tested their projected returns to account for repayment of the loans for the equipment? The Directors of Manu may be able to rely on a defence against insolvent trading if they can prove that when the debt to the German Supplier was incurred that there were reasonable grounds to expect that the company was solvent and would remain solvent even if the debt was incurred.[8] Directors must also consider the interests of creditors where the company is not insolvent but facing insolvency, Walker v Wimborne [9]. Mason J said à ¢Ã¢â€š ¬Ã…“ the directors of a company discharging their duty to the company must take into account of the interests of its shareholders and creditors. Any failure by the directors to take into account the interests of the creditors will have ad verse consequences on the company as well as for themà ¢Ã¢â€š ¬Ã‚ [10] Uncommercial transactions[11]. S588FB (1) applies where a company sells property at an amount below market value, it appears from the facts as presented (a formal valuation of the transaction is among the additional information requested) that the transaction may be below market value and this would leave the selling companies with no funds with which to repay the German supplier. Voidable transactions [12] S588FE (2A)(a)(i) states the transaction is voidable if the transaction is an uncommercial transaction for the company, this would be required to be tested. Do the actions of the Director (G Mann) and RR constitute à ¢Ã¢â€š ¬Ã…“Phoenixà ¢Ã¢â€š ¬Ã‚  activity? The concept of Phoenix activity broadly centres on the idea of a second company, often newly incorporated, arising from the ashes of ità ¢Ã¢â€š ¬Ã¢â€ž ¢s failed predecessor where the second companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s controllers and busine ss are essentially the same. Anderson in à ¢Ã¢â€š ¬Ã…“Defining and Profiling Phoenix Activityà ¢Ã¢â€š ¬Ã‚  [13]describes five types of Phoenix categories, where companies are rescued from corporate failure but the interests of shareholders and creditors may be adversely affected by the restructuring. The first two categories are legal and the other three categories illegal.[14] Anderson categorises the third type of Phoenix rescue as à ¢Ã¢â€š ¬Ã…“illegal type 1à ¢Ã¢â€š ¬Ã‚ .[15] This is where there is a transfer of assets to à ¢Ã¢â€š ¬Ã…“Newcoà ¢Ã¢â€š ¬Ã‚  for inadequate consideration and debts are left in the shell of the à ¢Ã¢â€š ¬Ã…“Oldcoà ¢Ã¢â€š ¬Ã‚  which is subsequently liquidated. In ASIC v Somerville (2009)[16] the court found that the conduct of directors to be in breach of the duty to consider creditors interests and the directors were disqualified from managing corporations and fined. The court also found that the lawyer who advised the direct ors was also fined and disqualified from managing companies. However no disciplinary action was ever taken against him, either by the Law Society of New South Wales of Legal Services commissioner.[17] The conduct and actions of RR appear to go beyond the bounds of what is expected when they are engaged by the directors of a failing company. An insolvency Practitioner has a role as an advisor not a director of the company and the actions of RR go beyond that role and take on the role of director[18], agreeing to become shareholders and directors of à ¢Ã¢â€š ¬Ã…“newcoà ¢Ã¢â€š ¬Ã‚  would appear to confirm this. For RRà ¢Ã¢â€š ¬Ã¢â€ž ¢s principals to avoid being classified as Shadow directors they need in their engagement letter set out that they act only as advisors and that they advise management on the turnaround plan but not dictate the terms of the plan. RR, as a firm of advisory Accountants to have a professional obligations to the particular accounting body (and their code of ethics) that the principals belong to ; whether it be CPA Australia (CPA), Institute of Public Accountants (IPA), or Chartered Accountants Australia and New Zealand (CAANZ).[19] It is not disclosed however whether RR is a member of any of these bodies and therefore subject to their codes of ethics. What are the legal and professional responsibilities for Larry Liquidator, a registered Insolvency liquidator? On 12 March 2015 RR appointed Larry Liquidator asking whether he would consent to undertaking a job in respect of both companies. RR often refers work to Larry and in the past year is estimated that around 2% of work undertaken by Larry comes from such referrals. This represents $150,000 in fees. Independence is the key question to be answered when accepting a role as a liquidator or administrator. The appointee must be independent in fact and substance as well as appearance. The Australian Restructuring Turnaround Association (ARITA) Code of Professional Practice for Insolvency Practitioners Clause 6.6 [20] Referrals from other Professionals and Creditors sets out where a practitioner must not accept any referral that contains, or is conditional upon: The giving or receiving of referral commissions, inducements or benefits; the giving or receiving of spotterà ¢Ã¢â€š ¬Ã¢â€ž ¢s fees; the giving or receiving of recurring commissions; understandings or requirements that work in the administration will be given to the referrer; or any other such arrangements that restrict the proper exercise of the Practitionerà ¢Ã¢â€š ¬Ã¢â€ž ¢s judgement or duties. Clause 6.8 [21]sets out the rule that a practitioner may not take on the role if there has been a Professional relationship within the last two years, however if there has been a relationship within the last two years the Practitioner must disclose it in the Declaration of Independence, Relevant relationships and Indemnities (DIRRI) [22] and explain why accepting the appointment will not affect their independence or the perception of independence. There are a number of cases where the independent of a liquidator has been questioned. In ASIC v Edge[23] it was found that the liquidator had breached his duties as a fiduciary in taking an appointment as administrator (and subsequently liquidator) without disclosing a prior relationship with the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s director. It is however a 2014 decision that has put Insolvency Practitioners on notice that they must consider very carefully how their referral relationships may be seen to affect their independence. In Aust ralian Securities and Investments Commission (ASIC) v Franklin [24] on appeal the court overturned the original decision [25] that the test of perceived independence and impartiality used by the liquidator when accepting the appointment was inadequate and as a result ASIC obtained orders removing the liquidators on the grounds of perceived bias. White J commented à ¢Ã¢â€š ¬Ã…“ that in the 2013 financial year that revenue from the Mawsonà ¢Ã¢â€š ¬Ã¢â€ž ¢s groupà ¢Ã¢â€š ¬Ã¢â€ž ¢s referrals (about $250,000) comprises a little over 5% of the revenue of LDDà ¢Ã¢â€š ¬Ã¢â€ž ¢s insolvency division, and a little over 2% of the firmà ¢Ã¢â€š ¬Ã¢â€ž ¢s overall revenue.à ¢Ã¢â€š ¬Ã‚ [26] à ¢Ã¢â€š ¬Ã…“ à ¢Ã¢â€š ¬Ã‚ ¦I do not consider that any fair-minded observer would regard remuneration of the order received by LDD from the Mawson Groupà ¢Ã¢â€š ¬Ã¢â€ž ¢s referrals as modest. Most cerditors of companies such as WCPL and WCQPL are likely to regard amounts such as $250,000 an d $500,000 as significant and the hypothetical fair-minded observer is likely to have the same view. At the very least, the fair-minded observer might apprehend that LDD may not wish to put their continued receipt of income in these proportions in jeopardyà ¢Ã¢â€š ¬Ã‚ ¦..à ¢Ã¢â€š ¬Ã‚ [27] The Full court applied the à ¢Ã¢â€š ¬Ã…“double mightà ¢Ã¢â€š ¬Ã‚  test stated in Ebner[28] The double might test is used by the Court when making a decision in relation to an allegation that a judge is biased. The test is whether a fair-minded lay observermightreasonably apprehend that the judgemightnotbring an impartial mind to his or her duties. The Full Court in ASIC v Franklin suggested that the test may not be applied as rigidly for a liquidator because, unlike Judges, liquidators operate in the commercial world and are required to attract work by developing contacts and relationships.[29] Following the decision of the Court of appeal ARITA has amended Section 6.6.1 of the Cod e, requiring members to disclose in the DIRRI the name of the referring entity.[30] Larry Liquidator in taking on the appointment as liquidator of the Manu Group of companies may have failed in his duty to be, and to be seen to be, independent, in relation to his previous dealings with RR.[31] Bibliography Cases Australian Securities and Investments Commission v Edge [2007] 211 FLR 137 Australian Securities and Investments Commission v Franklin (Liquidator), in the matter of Walton Constructions Pty Ltd [2014] FCA 68 Australian Securities and Investments Commission v Franklin (Liquidator), in the matter of Walton Constructions Pty Ltd [2014] FCAFC 85 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Walker v Wimborne (1976) 137 CLR 1 Legislation Anti-Money Laundering and Counter-terrorism Financing Act 2006 (Cth) Corporations Act 2001 (Cth) Taxation Administration Act 1953 (Cth) Quasi-legislative materials Accounting P rofessional and Ethical Standards Board, APES 110 Code of Ethics for Professional Accountants, November 2013. Australian Restructuring Insolvency Turnaround Association, Code of Professional Practice for Insolvency Practitioners, Third Edition, November 2013. Articles/Books/reports Helen Anderson, Ann Oà ¢Ã¢â€š ¬Ã¢â€ž ¢Connell, Ian Ramsay, Michelle Welsh, and Hannah Withers, à ¢Ã¢â€š ¬Ã‹Å"Defining and Profiling Phoenix activityà ¢Ã¢â€š ¬Ã¢â€ž ¢, Melbourne Law School, Monash Business School, December 2014 Michael Murray and Jason Harris, à ¢Ã¢â€š ¬Ã‹Å"Keayà ¢Ã¢â€š ¬Ã¢â€ž ¢s Insolvency Personal and Corporate Law and Practiceà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Thomson Reuters, 7th Ed, 2011) Fiona Shand. à ¢Ã¢â€š ¬Ã‹Å"Understanding the Exposures and Liabilities of Directors in a Turnaround Situationà ¢Ã¢â€š ¬Ã¢â€ž ¢, (Arnold Bloch Leibler, Melbourne, November 2004) Websites/other Australian Financial Security Authority, Personal Property Securities Register https://www.ppsr .gov.au/ForBusiness/whyregister/Pages/default.aspx accessed 5th April 2015 Cusoff Cudmore Knox, Referral relationships-when is an Insolvency Practitioner independent? 23rd September 2104 https://www.ccklawyers.com/journal/2014/9/23/referral-relationships-when-is-an-insolvency-practitioner-in.html accessed 23 March 2015 Cornwall Stodart, Alert, 23rd July 2014 https://www.cornwalls.com.au/sharing-knowledge/legal-updates/case-summary-asic-v-franklin-(liquidator),-in-the-matter-of-walton-constructions-pty-ltd-[2014]-fca-85.aspx accessed 4 April 2015 Cornwall Stodart, Alert, 18th August 2014 https://www.cornwalls.com.au/sharing-knowledge/legal-updates/changes-to-the-arita-code-in-effect-from-monday,-18-august-2014.aspx accessed 4 April 2015 1 [1] Australian Financial Security Authority, Personal Property Securities Register, https://www.ppsr.gov.au/ForBusiness/whyregister/Pages/default.aspx accessed 5th April 2015 [2] Fiona Shand, à ¢Ã¢â€š ¬Ã‹Å"Understanding the Exposures and Liabilities of Directors in a Turnaround Situationà ¢Ã¢â€š ¬Ã¢â€ž ¢, Arnold Bloch Leibler, November 2004, P15 [3] Corporations Act 2001 (Cth) S180 [4] Ibid S181 [5] Ibid S182 [6] Ibid S183 [7] Ibid S558 [8] Ibid S558H(2) [9] Walker v Wimborne (1976) 137 CLR 1 [10] Ibid CLR 1,7 [11] Corporations Act 2001 (Cth) S588FB [12] Ibid S588FE [13] Anderson, etal , à ¢Ã¢â€š ¬Ã‹Å"Defining and Profiling Phoenix activityà ¢Ã¢â€š ¬Ã¢â€ž ¢, Melbourne Law School, Monash Business School, December 2014 P1 [14] Ibid P2 [15] Ibid P16 [16] ASIC v Somerville [2009] NSWSC 934 [17] Anderson, etal à ¢Ã¢â€š ¬Ã‹Å"Defining and Profiling Phoenix activity à ¢Ã¢â€š ¬Ã‹Å", Melbourne Law School, Monash Business School, Decembe r 2014 P18 [18] Corporations Act 2001 (Cth) S9 [19] Accounting Professional and Ethical Standards Board, APES 110 Code of Ethics for Professional Accountants, November 2013. [20] Australian Restructuring Insolvency Turnaround Association, Code of Professional Practice for Insolvency Practitioners, Third Edition, November 2013, Clause 6.6 [21] Ibid clause 6.8 [22] Ibid clause 22 [23] Australian Securities and Investments Commission v Edge [2007] 211 FLR 137 [24] Australian Securities and Investments Commission v Franklin (Liquidator), in the matter of Walton Constructions Pty Ltd [2014] FCAFC 85 [25] Australian Securities and Investments Commission v Franklin (Liquidator), in the matter of Walton Constructions Pty Ltd [2014] FCA 68 [26] Australian Securities and Investments Commission v Franklin (Liquidator), in the matter of Walton Constructions Pty Ltd [2014] FCAFC 85, paragraph 90 [27] Ibid para 95 [28] Ebner v Official Trustee in Bankruptcy [2000 ] HCA 63; (2000) 205 CLR 337 [29]Cusoff Cudmore Knox, Referral relationships-when is an Insolvency Practitioner independent? 23rd September 2104 https://www.ccklawyers.com/journal/2014/9/23/referral-relationships-when-is-an-insolvency-practitioner-in.html [30]Cornwall Stodart, Alert, 18th August 2014 https://www.cornwalls.com.au/sharing-knowledge/legal-updates/changes-to-the-arita-code-in-effect-from-monday,-18-august-2014.aspx [31] Australian Restructuring Insolvency Turnaround Association, Code of Professional Practice for Insolvency Practitioners, Third Edition, November 2013. Clause 6