TLAW301 – Taxation Law – Written Assessment
Please chose ONE (1) of the following cases and prepare an analysis:
• Federal Commissioner of Taxation v Stone 2005 ATC 4234.1
• Federal Commissioner of Taxation v Whitfords Beach Pty Ltd (1982) 150 CLR 355.2
• Commissioner of Taxation v McNeil [2007] HCA 5.3
• Federal Commissioner of Taxation v Myer Emporium Ltd (1987) 163 CLR 199.4
• Bywater Investments Limited & Ors v. Commissioner of Taxation [2016] HCA 45.5
The report will be due by midnight (AEST) on Friday, 22 May 2020. Submissions MUST be made via Turnitin.
Please ensure that your case analysis does not exceed the 2500 word limit (excluding footnotes and bibliography).
In preparing the report, please ensure that you refer to the Prescribed Textbook and the Recommended Reading and
Resources listed in the Course Outline. You should also refer to any relevant materials from the secondary sources listed
in the course outline as well as the materials posted on Moodle by your lecturer (e.g. the Reading and Analysing Case Law
Aide, the Legal Essay Checklist and the Legal Writing Resource).
Students are being asked to undertake this assessment task to encourage the development of a range of skills as indicated
by the assessment criteria. The assessment criteria are as follows:
• Clear and concise statement of the relevant facts and legal issue(s) in the case.
• Clear and concise expression of own ideas about the case using appropriate legal language.
• Careful organisation so that ideas develop logically through the analysis.
• Thoughtful analysis of the judgement(s).
• Correctness of grammar, spelling etc.
• Adherence to principles of academic honesty with regard to the preparation and submission of assessments.
• Management of own workload to meet deadlines (self-assessment)
Please read through and think about these criteria so that you are clear about how your work is going to be assessed.
If you have any questions please e-mail me at claudia.andrea.mitchell@top.edu.au.
1 Electronically available from http://eresources.hcourt.gov.au/showCase/2005/HCA/21
2 Electronically available from http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1982/8.html
3 Electronically available from http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2007/5.html
4 Electronically available from http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1987/18.html
5 Electronically available from http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2016/45.html
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