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 3 - 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 In zoom sessions
Students commended the UC for having all materials and the assessment items (other than the exam) available when the unit went live on Moodle.
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
Students found the textbook difficult to navigate and focused on theory.
The UC will consider prescribing an alternate textbook in Corporations Law if such is available.
- 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
CCH Australian Company Law Commentary Premium
Edition: Online (2018)
Authors: Tillman and CCH Corporations Law editors
CCH Australia
Sydney Sydney , NSW , Australia
Binding: Website Link
Corporations and Financial Markets Law
Edition: 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
- 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.
p.robinson1@cqu.edu.au
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
Module/Topic
The Nature of the 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
Revision
Chapter
Events and Submissions/Topic
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
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
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
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
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
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
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
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
Module/Topic
Revision/exam preparation
Chapter
Events and Submissions/Topic
1 Group Discussion
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.
Week 4 Wednesday (28 Nov 2018) 11:45 pm AEST
Since this is a discussion forum, no extensions of time will be permitted.
Week 5 Monday (10 Dec 2018)
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.
- 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
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.
Week 6 Thursday (20 Dec 2018) 11:45 pm AEST
Week 8 Wednesday (9 Jan 2019)
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.
- 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
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.