LAWS19032 - Company & Association Law
Term 1 - 2017


All details in this unit profile for LAWS19032 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student). The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.

Overview

A study of company and securities industry law. Topics include partnership, trusts and companies, and incorporated associations. There is reference to the formation of companies, effects of incorporation, the corporate constitution, corporate governance, prospectus and share issues, administration of companies, raising finance, directors and shareholders meetings, transfer of shares, reorganisation and winding up of companies.

Details

Career Level Undergraduate
Unit Level Level 2
Credit Points 6
Student Contribution Band 3
Fraction of Full-Time Student Load 0.125

Pre-requisites or Co-requisites

LAWS11030 or LAWS19031 or LAWS11054

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Offerings

Term 1 - 2017
  • Brisbane
  • Distance
  • Melbourne
  • Rockhampton
  • Sydney

Website

This unit has a website, within the Moodle system, which is available two weeks before the start of term. It is important that you visit your Moodle site throughout the term. Go to Moodle

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Assessment Overview

Assessment Task Weighting
1. Written Assessment 40%
2. Examination 60%

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Procedures for more details of interim results and final grades.

All University policies are available on the IMPortal.

You may wish to view these policies:

  • Grades and Results Procedure
  • Assessment Policy and Procedure (Higher Education Coursework)
  • Review of Grade Procedure
  • Academic Misconduct Procedure
  • Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
  • Monitoring Academic Progress (MAP) Policy and Procedure – International Students
  • Refund and Excess Payments (Credit Balances) Policy and Procedure
  • Student Feedback – Compliments and Complaints Policy and Procedure
  • Acceptable Use of Information and Communications Technology Facilities and Devices Policy and Procedure

This list is not an exhaustive list of all University policies. The full list of University policies are available on the IMPortal.

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback Source Recommendation
Weekly Lecture Recordings Moodle/Student Emails Students, especially flex students felt that this was a positive aspect of course. These should be continued
Lecture Notes and Weekly Schedule Direct Student Feedback Lecture notes could be more streamlined and the topics covered should be more evenly spread out throughout the course
On successful completion of this unit, you will be able to:
  1. Describe and explain the various business structures considered in the court
  2. Locate, interpret and analyse various sections of legislation applicable to corporations and other business structures
  3. Apply your knowledge of law to particular fact situations relevant to the unit so that the legal issues raised are discussed coherently and reasonable conclusions are reached.

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3
1 - Written Assessment
2 - Examination

Alignment of Graduate Attributes to Learning Outcomes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Graduate Attributes Learning Outcomes
1 2 3
1. Communication
2. Problem Solving
3. Critical Thinking
4. Information Literacy
5. Team Work    
6. Information Technology Competence
7. Cross Cultural Competence    
8. Ethical practice    

Alignment of Assessment Tasks to Graduate Attributes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8
1 - Written Assessment    
2 - Examination    

Prescribed Textbooks

Australian Corporate Law
Author/s: Jason Harris, Anil Hargovan and Michael Adams Year: 2015
Edition: 5th edn Publisher: LexisNexis Butterworths
City: Chatswood State: NSW
Country: Australia
View textbooks at the CQUniversity Bookshop

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Microsoft Word
  • Internet
  • Unit Website (Moodle)
  • Microsoft PowerPoint
All submissions for this unit must use the American Psychological Association (APA) referencing style (details can be obtained here). For further information, see the Assessment Tasks below.
Unit CoordinatorDominic Lococo - lococod (d.lococo@cqu.edu.au)
Note: Check the Term-Specific section for any additional contact information provided by the teaching team
Week Begin Date Module/Topic Chapter Events and Submissions
Week 1 06-03-2017

Sole Traders, Partnerships and Joint Ventures

Harris, Hargovan, Adams (2015) Ch 3, 4

Week 2 13-03-2017

Introduction to Companies

Harris, Hargovan, Adams (2015) Ch 1, 5

Week 3 20-03-2017

Regulation, Governance and Liability of Companies

Harris, Hargovan, Adams (2015) Ch 6, 7, 13

Week 4 27-03-2017

Directors' Fiduciary Duties

Harris, Hargovan, Adams (2015) Ch 14, 15, 16

Week 5 03-04-2017

Directors' Duty of Care and Insolvent Trading

Harris, Hargovan, Adams (2015) Ch 17, 18

Vacation Week 10-04-2017
Week 6 17-04-2017

Members' Rights and Remedies

Harris, Hargovan, Adams (2015) Ch 12, 19

Written Assignment Due Friday (21 Apr 17) 05:00 PM AEST
Week 7 24-04-2017

Corporate Finance and Securities Trading

Harris, Hargovan, Adams (2015) Ch 9, 10, 21

Week 8 01-05-2017

Records, Reports and Audits

Harris, Hargovan, Adams (2015) Ch 20

Week 9 08-05-2017

External Administration: Receivership, Schemes and Voluntary Administration

Harris, Hargovan, Adams (2015) Ch 22

Week 10 15-05-2017

External Administration: Winding Up

Harris, Hargovan, Adams (2015) Ch 22

Week 11 22-05-2017

Trusts and Associations

Harris, Hargovan, Adams (2015) Ch 4

Week 12 29-05-2017

Unit Review

Revision

Review/Exam Week 05-06-2017
Exam Week 12-06-2017

1 Written Assessment

Assessment Title Written Assignment
Task Description

Assignment Due Date : 5pm Friday, Week6

The written assignment consists of three parts. The first part is a case analysis based on legal issues relating to a company. In doing this task, you are to interpret and analyse sections of the Corporations Act (2001) and cited cases in the given case and then answer a series of short questions. The case selected relates to legal principles that are covered in the unit. The second part of the written assessment is based on a hypothetical factual situation relating to business transactions within a business structure. Students are required to discuss and analyse the likely outcomes for the parties concerned, including their rights, obligations and remedies, identifying the legal issues and applying legal principles to the hypothetical scenario. The third part of the written assessment is an essay requiring that students research and analyse various aspects of the company structure.

Part A: Case Analysis (1000 words) 15 marks

Part B : Problem Question (500 words) 5 marks

Part C: Short Essay (not exceeding 1500 words) 20 marks

Full details of the assignment task, including a PDF version of the case for Part A, will be made available on the Assignment Advice link on the Company & Association Law Moodle site.

Assessment Due Date Week 6 Friday (21-Apr-2017) 05:00 PM AEST
Return Date to Students Week 8 Friday (05-May-2017)
Weighting 40%
Assessment Criteria

These criteria are a general guide as to the standard expected at the various levels. It is not necessarily the case that all these criteria will be met at a particular standard, as there may be a superior performance on one of the criteria and not so satisfactory performance on another. For the Fail standard, it is unlikely that all these faults will be found in a single assessment, but at least some of them are likely to be present.

High Distinction standard

  • the answer is very well written and clearly expressed
  • there is a demonstrated appreciation and understanding of the issues involved
  • the answer is well structured and logically organised
  • demonstrated mastery of referencing system
  • there is evidence of a comprehensive analysis of the issues

Distinction standard

  • the answer is well written and expressed
  • the answer is structured and logical
  • the issues have been reasonably well identified and appreciated
  • there is correct use of referencing
  • all the issues have been analysed

Credit standard

  • the answer is generally well written and expressed
  • the answer is structured and sequential
  • referencing is satisfactory
  • issues are identified and addressed
  • there has been a sound attempt to analyse some of the issues

Pass standard

  • the answer is able to be followed and understood
  • the answer could perhaps be better organised and structured
  • the referencing may need improvement
  • issues may need to be identified and addressed in more depth
  • analysis when present may be incorrect

Fail standard

  • the written expression is poor and difficult to understand
  • the argument and/or conclusions are difficult to follow or illogical
  • the answer is poorly organised
  • there has been a failure to address the task or the issues in the question
  • referencing is generally inadequate
Referencing Style American Psychological Association (APA)
Submission Online

Online submission via the unit Moodle site. No coversheet required.

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Describe and explain the various business structures considered in the court

2. Locate, interpret and analyse various sections of legislation applicable to corporations and other business structures

3. Apply your knowledge of law to particular fact situations relevant to the unit so that the legal issues raised are discussed coherently and reasonable conclusions are reached.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy

6. Information Technology Competence

8. Ethical practice



Examination

Outline Complete an examination
Date During the University examination period
Weighting 60%
Length 180 minutes
Details Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
No Calculators Permitted
Open Book
Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Describe and explain the various business structures considered in the court

2. Locate, interpret and analyse various sections of legislation applicable to corporations and other business structures

3. Apply your knowledge of law to particular fact situations relevant to the unit so that the legal issues raised are discussed coherently and reasonable conclusions are reached.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy

6. Information Technology Competence

8. Ethical practice


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