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asked • 04/06/21

Preparing An ANALYSIS

Prepare an analysis for Bywater Investments Limited & Ors v. Commissioner of Taxation [2016] HCA 45.

Imclude these points to write analysis:

• Formal particulars, including:

o The name and citation of the case (example Mabo v Queensland (No.2) (1992) 175 CLR 1),

o Name of the court and judge(s),

o Name and status of each party, and

o Date of the judgment;

• The facts of the case;

• The prior history of the case in lower courts (if mentioned in the judgment);

• The cause of action or claim involved in the case (for example, the issue on


• A summary of the judgments, including any dissenting judgments, which

should include:

o The facts that were considered material or relevant,

o The ratio decidendi,

o The arguments considered by the court in support of, or against, the

principle, and

o Any obiter dicta or significant observations by the court;

• Commentary on the impact of the decision on the law.

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