Overview
LAWS13009 Corporations Law examines the various business structures available under Australian law, with a particular focus on companies. Topics include partnerships, corporate personality; the incorporation process; the corporate constitution; company contracts; administration of companies and management of the business of companies; duties and liabilities of directors and officers; share capital and membership; members’ remedies; company credit and security arrangements; and winding up of companies. This unit meets the LPAB requirements for company law.
Details
Pre-requisites or Co-requisites
Prerequisites: LAWS11057, LAWS11059, LAWS11061 and LAWS11062
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 1 - 2018
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).
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 Grading
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 Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure - Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure - International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback - Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
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 from Feedback on Moodle and in class.
Students expressed satisfaction with time spent in the zoom sessions discussing assessment expectations.
Continue to provide time in zoom sessions to discuss assessment expectations and continue to provide a marking rubric to students before the due date.
- Advise on different forms of business organisation in Australia
- Research business structures in foreign jurisdictions and compare them to Australian business structures
- Understand and explain the rules and ethics of internal governance of companies, directors' duties and members' rights, and apply these principles to problem scenarios
- Advise on the civil and criminal responsibility of a company for the actions of individuals purporting to act on its behalf
- Understand and explain the different forms of financing for companies and the regulation of securities markets
- 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 | 6 | |
1 - Group Discussion - 10% | ||||||
2 - Written Assessment - 30% | ||||||
3 - Examination - 60% |
Alignment of Graduate Attributes to Learning Outcomes
Graduate Attributes | Learning Outcomes | |||||
---|---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | 6 | |
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 | ||||||
9 - Social Innovation | ||||||
10 - Aboriginal and Torres Strait Islander Cultures |
Alignment of Assessment Tasks to Graduate Attributes
Assessment Tasks | Graduate Attributes | |||||||||
---|---|---|---|---|---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
1 - Group Discussion - 10% | ||||||||||
2 - Written Assessment - 30% | ||||||||||
3 - Examination - 60% |
Textbooks
Corporations and Financial Markets Law
Edition: 7th (2017)
Authors: Redmond, P.
Lawbook Co. Thomson Reuters
Sydney Sydney , NSW , Australia
ISBN: 9780455237947
Binding: Paperback
Additional Textbook Information
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
l.rundle@cqu.edu.au
Module/Topic
Business Structures, Corporate Personality and Regulation
Chapter
Events and Submissions/Topic
Module/Topic
The Nature of a Company and its Promoters
Chapter
Events and Submissions/Topic
Module/Topic
Internal Governance and Management Structures
Chapter
Events and Submissions/Topic
Module/Topic
Company Liabilities
Chapter
Events and Submissions/Topic
Module/Topic
Directors' Role and Fiduciary Duties
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Revision and catch-up on readings
Events and Submissions/Topic
Module/Topic
Directors' Duty of Care and Insolvent Trading
Chapter
Events and Submissions/Topic
Module/Topic
Members' Rights and Remedies
Chapter
See unit notes
Events and Submissions/Topic
Module/Topic
Corporate Reporting, Record-Keeping and Auditing
Chapter
See unit notes
Events and Submissions/Topic
Module/Topic
Corporate Financing
Chapter
Events and Submissions/Topic
Module/Topic
External Administration: Receivership and Voluntary Administration
Chapter
Events and Submissions/Topic
Module/Topic
External Administration: Liquidation
Chapter
Events and Submissions/Topic
Module/Topic
Securities Trading and Takeovers
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Revision, exam practice
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Group Discussion
You are required to undertake research of the business structure of a foreign jurisdiction and discuss with a comparison to the Australian jurisdiction. Your discussion will be uploaded as a post/ blog to the assessment 1 discussion forum on Moodle.
Week 4 Thursday (29 Mar 2018) 11:59 pm AEST
Assessment 1 post
Vacation Week Friday (13 Apr 2018)
Mark will be available via Moodle Gradebook
You will be assessed on your research skills and discussion of the law using concise, clear and grammatically correct language.
- Communication
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Cross Cultural Competence
- Research business structures in foreign jurisdictions and compare them to Australian business structures
2 Written Assessment
You will be presented with a legal problem, the assessment question will be released on Moodle. You will be required to undertake research of legislation and case law and apply this research to support your legal argument and conclusion.
Week 9 Friday (11 May 2018) 11:59 pm AEST
To be uploaded as a word document via the assessment 2 upload link on Moodle
Week 11 Monday (21 May 2018)
Grade and feedback will be returned on Moodle
You will be assessed on your research skills, your ability to reference case law, reference legislation and outline your legal argument linking the law to the problem scenario using concise, clear and grammatically correct language.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Ethical practice
- Advise on different forms of business organisation in Australia
- Understand and explain the rules and ethics of internal governance of companies, directors' duties and members' rights, and apply these principles to problem scenarios
- Advise on the civil and criminal responsibility of a company for the actions of individuals purporting to act on its behalf
Examination
No calculators permitted
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.