Assessment Criteria:
The assignment will be assessed on the extent to which the student has:
? Conducted independent research relevant to the topic, including the use of secondary legal sources, in particular a number of legal texts, authoritative materials from internet sites and academic (peer reviewed) journal articles and books.
? Answered the set question(s) through identification and discussion of relevant legal issues.
? Demonstrated an understanding of the topic, presented different points of view (ifapplicable), presented well-constructed arguments and demonstrated critical thinking.
? Provided proper citations for legal sources in footnotes and a bibliography or reference list.
In relation to the above facts, answer the following questions:
1) What are the key issues faced by the directors of Develly?
2) Have the directors of Develly breached any duties to the company under sections 180- 184 of the Corporations Act 2001 (Cth)? If so, which duties? Provide reasons.
3) If Develly cannot make payments on the $1.25m mortgage, what are the Bank’s rights?
4) Explain whether the directors of Develly are in danger of breaching the insolvent trading provisions of the Corporations Act.
5) Should the Develly directors appoint a voluntary administrator? Explain your answer.
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