MOOT-Australian-Tax-law-only-need-to-do-AGL-footnotes-

MOOT

Australian Tax law only, need to do AGL footnotes answer q1 and q2 500 words each, haven’t done law before and need help

LENGTH: 500 WRITTEN SUBMISSION (NOT INCLUDING FOOTNOTES OR BIBLIOGRAPHY) PLUS MOOT PRESENTATION

WORTH: 20% OF TOTAL MARK

AUSTRALIAN GUIDE TO LEGAL CITATION FOR FOOTNOTES AND REFERENCING

WEEK 7 & 8

MOOT QUESTION (Background (not a real life situation)

Trump Developments Ltd was incorporated on December 2014 and was floated on the Australian Securities Exchange (ASX) in June 2015. The company raised $1 billion from investors. Trump Developments Ltd is primarily involved in the building of residential apartments in Sydney and Melbourne CBD. The company has its own constitution and internal rules which provide that the company’s mission is to develop residential apartments in Sydney and Melbourne CBD for resale to the general public with borrowings to occur only with approved Australian financial institutions.

Trump Developments Ltd has 4 directors:- Big Donald (Chief Executive Officer), Hillary, Bernie and Little Marco who are also the executive directors. Slick Willy is a non- executive director and the company’s secretary.

At a recent board meeting, the board of directors considers whether to expand its development activities into commercial and casino development. Big Donald is keen to expand into casinos and never knows when to quit. Hillary, who is a conservative director disagrees vehemently with the Donald and suggests they stick to residential development. Slick Willy tells the board he can arrange cheap finance from overseas to expand the business into commercial development.

Little Marco and Bernie go ahead with the Donald as they are keen to avoid another heated confrontation. After entering into a series of casino developments in the Carribean, Las Vegas (USA) and Atlantic City (USA) in 2015 the company exhausts all of its capital after considerable cost overruns in building the casinos. There have also been 3 workmen casualties in the development of the casinos in Las Vegas. An investigation by the local police in Las Vegas,

has found that there were a number of occupational health work and safety breaches in the construction of the casinos which contributed to the workplace casualties.

GROUP QUESTIONS

GROUP 1:- HAS THE COMPANY BREACHED ITS CONSTITUTION WITH RESPECT TO THE CASINO DEVELOPMENT? PLEASE USE RELEVANT CASES AND/OR RELEVANT SECTIONS FROM THE CORPORATIONS ACT.

GROUP 2: HAS THE COMPANY BREACHED ITS CONSTITUTION WITH RESPECT TO THE BORROWING OF FUNDS FROM OVERSEAS FINANCIAL INSTITUTIONS? PLEASE USE RELEVANT CASES AND/OR RELEVANT SECTIONS FROM THE CORPORATIONS ACT.

 
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