Section 1: Legal Research, Analysis And Writing
In answering Section 1 of this assessment, you are not required to write in full sentences – simply address each question providing the relevant information. No referencing is required for this section.
Locate the High Court of Australia case of Leichhardt Municipal Council v Montgomery  HCA 6. Once you have read the judgment, respond to the following questions in your own words.
1. What is the name of the Appellant?
2. What is the name of the Respondent?
3. What are the names of the judges who decided the case?
4. When was the decision handed down by the High Court?
5. What are the main legal issues in this case?
6. What were the important facts of the case?
7. What were the legal principles applied by Justice Kirby?
8. What conclusion did the majority reach and why?
Section 2: Business and Legal Ethics
William is the wealthy CEO of the leading Australian bank, Dollars and Cents Pty Ltd. He reserves the final say on all business initiatives and has a ruthless policy regarding expenditure and generating profits. “I’m not your boss, the shareholders are, now go and make them money” is one of his famous messages to staff at the bank. William has a keen eye for a good corporate opportunity with the bank producing millions of dollars each year in profit.
One day William is approached by an executive named Harry from his analysis division regarding an alarming increase in default rates on a specific loan product targeting first home buyers. “Sir, the rates we offer as part of our honeymoon package have seemed to entice a great deal of the market to borrow from us, however it appears one in two homes are being foreclosed.”
William, agitated that he had been interrupted with this bad news, puts his arm around the executive’s shoulder and says, “So what? We give them an opportunity to read the fine print. We’re a bank, not a charity. What do they want me to do, go down there and pay off their loan for them? The loan product is to remain and I don’t want to hear another word about it. Are we managing to salvage every single cent?”
Harry replies “Yes sir, the housing market is stable so we are able to recover 100% of the loan value, but…”
“Good,” replies William “that will be all.”
Several weeks later, Dollars and Cents is approached by a representative of the banking board to sign the Code of Banking Practice. “Why on earth would I sign something that isn’t legally binding” replies William “get out of my office and don’t come back!”
After multiple reports warning William against pursuing his hard line business model, he is in your office, demanding to know the importance of what he describes as “business ethics.”
William is an impatient man and does not care about the feelings of his customers or staff. He is only interested to know whether this will affect his bottom line profit margin.
Explain the purpose of business ethics and ethical codes in Australia. You must also discuss Corporate Social Responsibility and refer to at least 2 business examples, one demonstrating poor ethical conduct and the other good ethical conduct, to illustrate your discussion. It is expected that you will refer to the Bible and include appropriate scriptures as part of your response.
Dollars and Cents must subscribe to the Code of Banking Practice. Critically evaluate this assertion outlining your reasons. It is expected that you will refer to the relevant Code and discuss whether it is legally enforceable as well as provide your own opinion based on your research.