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

Prerequisite: 48 credit point of law

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 - 2021

Online

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. Take Home Exam
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 Student evaluations, forum comments

Feedback

Some students praised the online text, and some found it daunting (It is a professional level text).

Recommendation

The Unit Coordinator should emphasise that students may wish to use the hard copy textbook and explain the pros and cons of the online text versus the hard copy text.

Feedback from Self-reflection

Feedback

The Covid-19 crisis has led to temporary laws being passed during Term 1 which changed the relevant law for this unit. These changes are currently only valid up to September 2020 but they could be extended. Even after they lapse, they will still be applicable to conduct between March 2020 and the lapse date.

Recommendation

The Unit Coordinator will need to accommodate these temporary laws in the future delivery of the unit until the pandemic measures are fully withdrawn and historical (while recognising that students still require a long-term outlook as well). This may require changes to the unit content on the run as emergency measures are implemented on short notice.

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 - Take Home Exam - 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 - Take Home Exam - 60%
Textbooks and Resources

Textbooks

Prescribed

Australian Corporate Law 7th edition (2020)

Authors: Anil Hargovan, Michael Adams, Catherine Brown
Lexis Nexis
Chatswood Chatswood , NSW , Australia
ISBN: 9780409350739
Binding: Paperback

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, 4th ed

For further information, see the Assessment Tasks.

Teaching Contacts
Peter Robinson Unit Coordinator
p.robinson1@cqu.edu.au
Schedule
Week 1 Business Structures, Corporate Personality and Regulation Begin Date: 08 Nov 2021

Module/Topic

Corporations and Other Business Organisations

Chapter

Prescribed readings

Events and Submissions/Topic

Week 2 Nature of a Company and its Promoters Begin Date: 15 Nov 2021

Module/Topic

The Nature of the Company and its Promoters

Chapter

Prescribed readings

Events and Submissions/Topic

Week 3 Internal Governance and Management Structures Begin Date: 22 Nov 2021

Module/Topic

Internal Governance and Management Structures

Chapter

Prescribed readings

Events and Submissions/Topic

Week 4 Company Liabilities Begin Date: 29 Nov 2021

Module/Topic

Company Liabilities

Chapter

Prescribed readings

Events and Submissions/Topic

Vacation Week Begin Date: 06 Dec 2021

Module/Topic

Revision

Chapter

Events and Submissions/Topic

Week 5 Directors Role and Fiduciary Duties Begin Date: 13 Dec 2021

Module/Topic

Directors' Role and Fiduciary Duties

Chapter

Prescribed readings

Events and Submissions/Topic

Group Discussion Forum Due: Week 5 Monday (13 Dec 2021) 11:45 pm AEST
Week 6 Directors Duty of Care and Insolvent Trading Begin Date: 20 Dec 2021

Module/Topic

Directors' Duty of Care and Insolvent Trading

Chapter

Prescribed readings

Events and Submissions/Topic

Vacation Week Begin Date: 27 Dec 2021

Module/Topic

Revision

Chapter

Events and Submissions/Topic

Week 7 Members Rights and Remedies Begin Date: 03 Jan 2022

Module/Topic

Members and their Remedies

Chapter

Prescribed readings

Events and Submissions/Topic

Week 8 Corporate Reporting, Record Keeping and Auditing Begin Date: 10 Jan 2022

Module/Topic

Corporate Reporting, Record Keeping and Auditing

Chapter

Prescribed readings

Events and Submissions/Topic

Assignment Due: Week 8 Monday (10 Jan 2022) 11:45 pm AEST
Week 9 Corporate Financing Begin Date: 17 Jan 2022

Module/Topic

Corporate Financing

Chapter

Prescribed readings

Events and Submissions/Topic

Week 10 Receivership and Voluntary Administration Begin Date: 24 Jan 2022

Module/Topic

External Administration: Schemes, Receivership, Restructure and Administration

Chapter

Prescribed readings

Events and Submissions/Topic

Week 11 External Administration and Liquidation Begin Date: 31 Jan 2022

Module/Topic

External Administration: Liquidation

Chapter

Prescribed readings

Events and Submissions/Topic

Week 12 Securities Trading and Takeovers Begin Date: 07 Feb 2022

Module/Topic

Securities Trading and Takeovers

Chapter

Prescribed readings

Events and Submissions/Topic

Exam Week Begin Date: 14 Feb 2022

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Group Discussion

Assessment Title
Group Discussion Forum

Task Description

This assessment will involve you conducting research on both foreign and Australian business structures and contributing your research to an online discussion forum as well as commenting on other students' contributions. (A full description of the assessment task will be provided on the Moodle site). The Discussion Forum will only be open up to the due date and time, at which time it will be disabled. Since this assessment task involves interacting with other students and discussing your research, no extensions of time are possible since the forum will be closed after the due date.  In fact, to genuinely participate in a Discussion Forum, you should start contributing well before the due date.


Assessment Due Date

Week 5 Monday (13 Dec 2021) 11:45 pm AEST


Return Date to Students

Week 6 Friday (24 Dec 2021)


Weighting
10%

Assessment Criteria

Your contributions will be assessed on the basis of the following criteria:

  • demonstrated accuracy of content, based on proper referencing
  • interesting comparison of foreign and Australian law
  • intelligent consideration of the practical ramifications of laws
  • thoughtfulness and insight of comments and arguments


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
Assignment

Task Description

This assignment involves:

  • preparing for an interview
  • conducting an interview with a real life (pretend) client
  • advising the client
  • reporting to your supervising partner

Details of what is required for the assessment will be provided on the Moodle site at the start of term.


Assessment Due Date

Week 8 Monday (10 Jan 2022) 11:45 pm AEST


Return Date to Students

Week 9 Friday (21 Jan 2022)


Weighting
30%

Assessment Criteria

The assignment will involve a range of tasks and the criteria for each task will differ. More guidance will be provided on the Moodle site at the start of term.

The following criteria are indicative:

  • Knowledge of law, especially core concepts

  • Where research is required, effectiveness of research in acquiring such knowledge

  • Correctness of referencing

  • Analysis and critical thinking, including application of law to facts and/or projecting possible fact scenarios arising from the law

  • Logical and coherent presentation of facts, arguments and/or analysis with appropriate logical structure

  • Effective use of cases and/or hypothetical fact scenarios to illustrate legal reasoning

  • Attention to the requirements of the question, including addressing the questions as specified and avoiding irrelevant diversions or regurgitation of law without any connection with the question or the analysis.


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

3 Take Home Exam

Assessment Title
Take-Home Examination

Task Description

The take-home examination will be set to take place in or around the standard examination week at the end of term. You will be advised of the exact date and time once the timetable for all law exams is published, which will be towards the end of the teaching weeks. The paper will be available during a specific time period and must be submitted (online via Moodle as an MS Word document) before the end of that time period. Like normal examinations, no extensions of time are allowed for a take-home examination.

The examination will include both problems and theoretical questions and will be designed to assess your learning of the unit as a whole. You will be given a little more information about the format of the examination on the Moodle site during the term.


Assessment Due Date

Return Date to Students

Weighting
60%

Assessment Criteria

The following criteria will be relevant to the take-home examination:

  • Knowledge of law, especially core concepts

  • Where research is required, effectiveness of research in acquiring such knowledge

  • Correctness of referencing to the standard required by the assessment (This will be specified in the guidance for the exam)

  • Analysis and critical thinking, including application of law to facts and/or projecting possible fact scenarios arising from the law

  • Logical and coherent presentation of arguments/analysis with appropriate structure

  • Effective use of cases and/or hypothetical fact scenarios to illustrate legal reasoning

  • Attention to the requirements of the question, including addressing the questions as specified and avoiding irrelevant diversions or regurgitation of law without any connection with the question or the analysis.


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • 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.


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

Academic Integrity Statement

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.

What can you do to act with integrity?