CQUniversity Unit Profile
LAWS13009 Corporations Law
Corporations Law
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.
General Information

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

Career Level: Undergraduate
Unit Level: Level 3
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

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 3 - 2018

Distance

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).

Class and Assessment Overview

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

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Group Discussion
Weighting: 10%
2. Written Assessment
Weighting: 30%
3. Examination
Weighting: 60%

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.

Previous Student Feedback

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 In zoom sessions

Feedback

Students commended the UC for having all materials and the assessment items (other than the exam) available when the unit went live on Moodle.

Recommendation

The UC will continue to ensure all materials and assessment items (other than the exam) are made available the day the unit goes live on Moodle.

Feedback from In zoom sessions

Feedback

Students found the textbook difficult to navigate and focused on theory.

Recommendation

The UC will consider prescribing an alternate textbook in Corporations Law if such is available.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Advise on different forms of business organisation in Australia
  2. Research business structures in foreign jurisdictions and compare them to Australian business structures
  3. Understand and explain the rules and ethics of internal governance of companies, directors' duties and members' rights, and apply these principles to problem scenarios
  4. Advise on the civil and criminal responsibility of a company for the actions of individuals purporting to act on its behalf
  5. Understand and explain the different forms of financing for companies and the regulation of securities markets
  6. Advise on various forms of external administration of companies.


Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

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

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Group Discussion - 10%
2 - Written Assessment - 30%
3 - Examination - 60%
Textbooks and Resources

Textbooks

Prescribed

CCH Australian Company Law Commentary Premium Online (2018)

Authors: Tillman and CCH Corporations Law editors
CCH Australia
Sydney Sydney , NSW , Australia
ISBN:
Binding: Website Link
Prescribed

Corporations and Financial Markets Law 7th (2017)

Authors: Paul Redmond
Thompson Reuters - Lawbook Co.
Sydney Sydney , NSW , Australia
ISBN: 978 0 455 23794 7
Binding: Paperback

Additional Textbook Information

Note:

Redmond is the casebook used throughout the unit, and especially in online classes.  It is supplemented by the CCH Australian Company Law Commentary Premium, which is available free through the CQU library via CCH Academic Online (so it does not have to be purchased).  The legislation is also available online (either through austlii.edu.au or CCH), but for the examination you may wish to have a hard copy to take in.  (Computers and electronic devices cannot be used in the examination). Thompson Reuters publishes the Corporations legislation in an edition edited by Baxt and can be purchased at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code).

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed

For further information, see the Assessment Tasks.

Teaching Contacts
Peter Robinson Unit Coordinator
p.robinson1@cqu.edu.au
Schedule
Week 1 Begin Date: 05 Nov 2018

Module/Topic

Corporations and Other Business Organisations

Chapter

Paul Redmond, Corporations and Financial Markets Law (Lawbook Co – Thomson Reuters, 7th ed., 2017), Ch 1 (all), Ch 2 (sections 2.05-2.150).

Events and Submissions/Topic

Week 2 Begin Date: 12 Nov 2018

Module/Topic

The Nature of the Company and its Promoters

Chapter

Paul Redmond, Corporations and Financial Markets Law (Lawbook Co – Thomson Reuters, 7th ed, 2017), Ch 3 (sections 3.10-3.180, 3.220-3.245), Ch 4 (sections 4.10-4.70, 4.90-4.120).

Events and Submissions/Topic

Week 3 Begin Date: 19 Nov 2018

Module/Topic

Internal Governance and Management Structures

Chapter

Paul Redmond, Corporations and Financial Markets Law (Lawbook Co - Thomson Reuters, 7th ed, 2017), 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).

Events and Submissions/Topic

Week 4 Begin Date: 26 Nov 2018

Module/Topic

Company Liabilities

Chapter

Paul Redmond, Corporations and Financial Markets Law (Lawbook Co – Thomson Reuters, 7th ed, 2017), Ch 4 (sections 4.130-4.185), Ch 5 (sections 5.310-5.380).

Events and Submissions/Topic

Assessment 1 - Online group discussion Due: Week 4 Wednesday (28 Nov 2018) 11:45 pm AEST
Vacation Week Begin Date: 03 Dec 2018

Module/Topic

Revision

Chapter

Events and Submissions/Topic

Week 5 Begin Date: 10 Dec 2018

Module/Topic

Directors' Role and Fiduciary Duties

Chapter

Paul Redmond, Corporations and Financial Markets Law (Lawbook Co - Thomson Reuters, 7th ed, 2017), Ch 5 (sections 5.105, 5.210-5.300) and Ch 7 (sections 7.10-7.30), 7.215-7.540).

Events and Submissions/Topic

Week 6 Begin Date: 17 Dec 2018

Module/Topic

Directors' Duty of Care and Insolvent Trading

Chapter

    Paul Redmond, Corporations and Financial Markets Law (Lawbook Co - Thomson Reuters, 7th ed, 2017), Ch 7 (sections 7.55-7.205, 7.545-7.560).

    Events and Submissions/Topic

    Assessment 2 - Assignment Due: Week 6 Thursday (20 Dec 2018) 11:45 pm AEST
    Week 7 Begin Date: 02 Jan 2019

    Module/Topic

    Members and their Remedies

    Chapter

    Paul Redmond, Corporations and Financial Markets Law (Lawbook Co - Thomson Reuters, 7th ed, 2017), Ch 8.

    Events and Submissions/Topic

    Week 8 Begin Date: 07 Jan 2019

    Module/Topic

    Corporate Reporting, Record Keeping and Auditing

    Chapter

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

    Paul Redmond, Corporations and Financial Markets Law (Lawbook Co - Thomson Reuters, 7th ed, 2017), Ch 9 (sections 9.120-9.195).

    Events and Submissions/Topic

    Week 9 Begin Date: 14 Jan 2019

    Module/Topic

    Corporate Financing

    Chapter

    Paul Redmond, Corporations and Financial Markets Law (Lawbook Co - Thomson Reuters, 7th ed, 2017), Ch 9 (sections 9.10-9.115, 9.230-9.390), Ch 10.

    Events and Submissions/Topic

    Week 10 Begin Date: 21 Jan 2019

    Module/Topic

    External Administration: Schemes, Receivership and Voluntary Administration

    Chapter

    Paul Redmond, Corporations and Financial Markets Law (Lawbook Co - Thomson Reuters, 7th ed, 2017), 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.

    Events and Submissions/Topic

    Week 11 Begin Date: 28 Jan 2019

    Module/Topic

    External Administration: Liquidation

    Chapter

    Paul Redmond, Corporations and Financial Markets Law (Lawbook Co - Thomson Reuters, 7th ed, 2017), 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.

    Events and Submissions/Topic

    Week 12 Begin Date: 04 Feb 2019

    Module/Topic

    Securities Trading and Takeovers

    Chapter

    Paul Redmond, Corporations and Financial Markets Law (Lawbook Co - Thomson Reuters, 7th ed, 2017), 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.

    Events and Submissions/Topic

    Exam Week Begin Date: 11 Feb 2019

    Module/Topic

    Revision/exam preparation

    Chapter

    Events and Submissions/Topic

    Assessment Tasks

    1 Group Discussion

    Assessment Title
    Assessment 1 - Online group discussion

    Task Description

    This assessment task will involve researching the law of business structures of a foreign country and comparing it to the law of Australia.  You will be required to make an original post to a Moodle discussion forum and also to comment on posts by other students.  Full details of the assessment will be given on the Moodle site at the start of term.


    Assessment Due Date

    Week 4 Wednesday (28 Nov 2018) 11:45 pm AEST

    Since this is a discussion forum, no extensions of time will be permitted.


    Return Date to Students

    Week 5 Monday (10 Dec 2018)


    Weighting
    10%

    Assessment Criteria

    Your original discussion item will be assessed on the basis of the quality of its comparison and contrast of the foreign law with the relevant Australian law.

    Both your original discussion item and your comments on other students' contributions will be assessed on the basis of the insight they show into the practical significance of the differences between the two legal systems.


    Referencing Style

    Submission
    Online

    Learning Outcomes Assessed
    • Research business structures in foreign jurisdictions and compare them to Australian business structures


    Graduate Attributes
    • Communication
    • Critical Thinking
    • Information Literacy
    • Information Technology Competence
    • Cross Cultural Competence

    2 Written Assessment

    Assessment Title
    Assessment 2 - Assignment

    Task Description

    This assignment will involve a series of practical exercises in which you will report and advise both in writing and in the form of a YouTube video.  Full details of the assessment will be given on the Moodle site near the start of term.


    Assessment Due Date

    Week 6 Thursday (20 Dec 2018) 11:45 pm AEST


    Return Date to Students

    Week 8 Wednesday (9 Jan 2019)


    Weighting
    30%

    Assessment Criteria

    This assignment will be assessed on the basis of your ability to apply law to a practical situation and to present it, in a professional manner to your supervising partner, and in a user-friendly manner to your client.  It will involve both written and oral exercises.


    Referencing Style

    Submission
    Online

    Learning Outcomes Assessed
    • 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


    Graduate Attributes
    • Communication
    • Problem Solving
    • Critical Thinking
    • Information Literacy
    • Information Technology Competence
    • Ethical practice

    Examination

    Outline
    Complete an invigilated examination

    Date
    During the examination period, at a CQUniversity examination centre

    Weighting
    60%

    Length
    120 minutes

    Details
    Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
    Open Book
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