LAWS13009 - Corporations Law
Term 1 - 2017


All details in this unit profile for LAWS13009 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

This unit examines the company as a business structure. Topics include an analysis of the incorporation process, the effects of incorporation, management and control of the company, company financing and finally the process of winding a company up. You will be exposed to provisions of the Corporations Act 2001 and other relevant company-based legislation.

Details

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

Pre-requisites or Co-requisites

Prerequisites: LAWS11057, LAWS11059, LAWS11061 and LAWS11062

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
  • Distance

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
Students requested access to prior exams which were previously not available on the database. Moodle discussion and email requests. An exam from T3 2013 is now available on the past exams database. It is recommended that these questions be discussed in tutorials as part of exam revision and model answers posted on Moodle.
On successful completion of this unit, you will be able to:
  1. Advise on different forms of business organisation in Australia, and research and compare them to standard forms of business organisation in other jurisdictions
  2. Understand and explain the rules and ethics of internal governance of companies, directors' duties and members' rights, and apply these principles to problem scenarios
  3. Advise on the civil and criminal responsibility of a company for the actions of individuals purporting to act on its behalf
  4. Understand and explain the different forms of financing for companies
  5. Advise on various forms of external administration of companies.


Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4 5
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 4 5
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

Corporations and Financial Markets Law
Author/s: Redmond, P. Year: 2013
Edition: 6th Publisher: Lawbook Co. Thomson Reuters
City: Sydney State: NSW
Country: Australia
View textbooks at the CQUniversity Bookshop
Note:

Note:

Redmond is the essential casebook for this unit. It will be used in most online classes. Additional commentary and the legislation are available via the CCH online subscriptions and the Australasian Legal Information Institute (austlii.edu.au). However, the Corporations Act 2001 is large and can be hard to navigate online, so it is recommended that students purchase the latest Thomson-Reuters edition of Corporations Legislation edited by Baxt.

IT Resources

You will need access to the following IT resources:
  • Internet
  • CQUniversity Student Email
  • Unit Website (Moodle)
  • iTunesU
All submissions for this unit must use the Australian Guide to Legal Citation, 3rd ed referencing style (details can be obtained here). For further information, see the Assessment Tasks below.
Unit CoordinatorLance Rundle (l.rundle@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

Corporations and Other Business Organisations

Redmond, Ch 1, Ch 2 (sections 2.05-2.150)
Week 2 13-03-2017

The Nature of the Company and its Promoters

Redmond, Ch 3 (sections 3.10-3.180, 3.220-3.245), Ch 4 (sections 4.10-4.70, 4.90-4.120)
Week 3 20-03-2017

Internal Governance and Management Structures

Redmond, Ch 5 (sections 5.30, 5.95-5.130), Ch 6 (sections 6.05-6.50, 6.60-6.85), Ch 8 (sections 8.45-8.67, 8.195-8.210)
Week 4 27-03-2017

Company Liabilities

Redmond, Ch 4 (sections 4.130-4.185), Ch 5 (sections 5.310-5.380).
Week 5 03-04-2017

Directors' Role and Fiduciary Duties

Redmond, Ch 5 (sections 5.105, 5.210-5.300), Ch 7 (sections 7.10-7.30, 7.215-7.540)
Vacation Week 10-04-2017
Week 6 17-04-2017

Directors' Duty of Care and Insolvent Trading

Redmond, Ch 7 (sections 7.55-7.205, 7.545-7.560)
Week 7 24-04-2017

Members and their Remedies

Redmond Ch 8

Week 8 01-05-2017

Corporate Reporting, Record Keeping and Auditing

Redmond Ch 9 (sections 9.120-9.195)

CCH Online, Australian Company Law Commentary Premium, Sections 100-050, 101-050 to 101-075, 286-100 to 286-180.

Week 9 08-05-2017

Corporate Financing

Redmond, Ch 9 (sections 9.10-9.115, 9.230-9.390), Ch 10
Assessment 1- Written Assignment Due Friday (12 May 17) 11:45 PM AEST
Week 10 15-05-2017

External Administration: Schemes, Receivership and Voluntary Administration

Redmond, Ch 3 (sections 3.185-3.195, 3.215)

CCH Online, Australian Company Law Commentary, sections 122-040, 131-020 to 131-080, 131-500, 134-020, 136-200, 136-210, 136-220 to 136-300, 136-440 to 136-640, 137-540 – 137-600, 137-630.

Week 11 22-05-2017

External Administration: Liquidation

Redmond Ch 3 (section 3.200)

CCH Online, Australian Company Law Commentary Premium, sections 140-010 (introduction + headings: Structure of the winding up provisions, Modes of winding up, Liquidators, Winding up in insolvency, Statutory demand procedure), 140-900 to 141-010, 141-040, 141-100 to 141-130, 141-140, 141-180, 141-800, 161-900, 162-300, 162-550 (introduction only), 162-620 to 162-640, 166-220, 166-280.

Week 12 29-05-2017

Securities Trading and Takeovers

Redmond, Ch 11 (sections 11.40-11.50, 11.80-11.130, 11.185-11.225, 11.240-11.245), Ch 12, (sections 12.05, 12.20 to 12.25, 12.50 to 12.95, 12.135 to 12.150, 12.185 to 12.205, 12.250)
Review/Exam Week 05-06-2017
Exam Week 12-06-2017

1 Written Assessment

Assessment Title Assessment 1- Written Assignment
Task Description

Assessment 1 is a practical task aimed at developing your skills in research, problem solving, analysis and advice on particular aspects of the law covered in the first half of this unit. The detail of the assignment will be available on the Unit Moodle site.

Assessment Due Date Week 9 Friday (12-May-2017) 11:45 PM AEST
The university's policies about extensions of time and late penalties will be strictly enforced.
Return Date to Students Week 12 Monday (29-May-2017)
Assessment with feedback and grade will be returned via Moodle.
Weighting 40%
Assessment Criteria

The emphasis of the marking will be on the quality of your research, analysis of law and recommendations, and the professional presentation of your arguments and ideas. Recital of law without any critical analysis or relevance will score poorly. The research task includes assessing the relevance of cases and statute law. The analysis task involves applying law relevantly to the actual scenarios contemplated in the question.

Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

Submit via Moodle as a word document.

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

1. Advise on different forms of business organisation in Australia, and research and compare them to standard forms of business organisation in other jurisdictions

2. Understand and explain the rules and ethics of internal governance of companies, directors' duties and members' rights, and apply these principles to problem scenarios

3. Advise on the civil and criminal responsibility of a company for the actions of individuals purporting to act on its behalf

4. Understand and explain the different forms of financing for companies

5. Advise on various forms of external administration of companies.

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

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy

8. Ethical practice



Examination

Outline Complete an examination
Date During the University examination period
Weighting 60%
Length 180 minutes
Details Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised.
No Calculators Permitted
Open Book
Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Advise on different forms of business organisation in Australia, and research and compare them to standard forms of business organisation in other jurisdictions

2. Understand and explain the rules and ethics of internal governance of companies, directors' duties and members' rights, and apply these principles to problem scenarios

3. Advise on the civil and criminal responsibility of a company for the actions of individuals purporting to act on its behalf

4. Understand and explain the different forms of financing for companies

5. Advise on various forms of external administration of companies.

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

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy


© 2017 CQUniversity
Page generated by apps-prod-02.cqu.edu.au at Thu Apr 27 21:05:55 AEST 2017