Overview
A study of company and securities industry law. Topics include partnership, trusts and companies, and incorporated associations. There is reference to the formation of companies, effects of incorporation, the corporate constitution, corporate governance, prospectus and share issues, administration of companies, raising finance, directors and shareholders meetings, transfer of shares, reorganisation and winding up of companies.
Details
Pre-requisites or Co-requisites
LAWS11030 or LAWS19031 or LAWS11054
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 - 2017
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 Moodle/Student Emails
Weekly Lecture Recordings
Students, especially flex students felt that this was a positive aspect of course. These should be continued
Feedback from Direct Student Feedback
Lecture Notes and Weekly Schedule
Lecture notes could be more streamlined and the topics covered should be more evenly spread out throughout the course
- Describe and explain the various business structures considered in the court
- Locate, interpret and analyse various sections of legislation applicable to corporations and other business structures
- Apply your knowledge of law to particular fact situations relevant to the unit so that the legal issues raised are discussed coherently and reasonable conclusions are reached.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||
|---|---|---|---|
| 1 | 2 | 3 | |
| 1 - Written Assessment - 40% | |||
| 2 - Examination - 60% | |||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | ||
|---|---|---|---|
| 1 | 2 | 3 | |
| 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 - Written Assessment - 40% | ||||||||||
| 2 - Examination - 60% | ||||||||||
Textbooks
Australian Corporate Law
Edition: 5th edn (2015)
Authors: Jason Harris, Anil Hargovan and Michael Adams
LexisNexis Butterworths
Chatswood Chatswood , NSW , Australia
ISBN: 9780409341751
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Microsoft PowerPoint
- Microsoft Word
All submissions for this unit must use the referencing style: American Psychological Association 6th Edition (APA 6th edition)
For further information, see the Assessment Tasks.
d.lococo@cqu.edu.au
Module/Topic
Sole Traders, Partnerships and Joint Ventures
Chapter
Harris, Hargovan, Adams (2015) Ch 3, 4
Events and Submissions/Topic
Module/Topic
Introduction to Companies
Chapter
Harris, Hargovan, Adams (2015) Ch 1, 5
Events and Submissions/Topic
Module/Topic
Regulation, Governance and Liability of Companies
Chapter
Harris, Hargovan, Adams (2015) Ch 6, 7, 13
Events and Submissions/Topic
Module/Topic
Directors' Fiduciary Duties
Chapter
Harris, Hargovan, Adams (2015) Ch 14, 15, 16
Events and Submissions/Topic
Module/Topic
Directors' Duty of Care and Insolvent Trading
Chapter
Harris, Hargovan, Adams (2015) Ch 17, 18
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Members' Rights and Remedies
Chapter
Harris, Hargovan, Adams (2015) Ch 12, 19
Events and Submissions/Topic
Module/Topic
Corporate Finance and Securities Trading
Chapter
Harris, Hargovan, Adams (2015) Ch 9, 10, 21
Events and Submissions/Topic
Module/Topic
Records, Reports and Audits
Chapter
Harris, Hargovan, Adams (2015) Ch 20
Events and Submissions/Topic
Module/Topic
External Administration: Receivership, Schemes and Voluntary Administration
Chapter
Harris, Hargovan, Adams (2015) Ch 22
Events and Submissions/Topic
Module/Topic
External Administration: Winding Up
Chapter
Harris, Hargovan, Adams (2015) Ch 22
Events and Submissions/Topic
Module/Topic
Trusts and Associations
Chapter
Harris, Hargovan, Adams (2015) Ch 4
Events and Submissions/Topic
Module/Topic
Unit Review
Chapter
Revision
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
Assignment Due Date : 5pm Friday, Week6
The written assignment consists of three parts. The first part is a case analysis based on legal issues relating to a company. In doing this task, you are to interpret and analyse sections of the Corporations Act (2001) and cited cases in the given case and then answer a series of short questions. The case selected relates to legal principles that are covered in the unit. The second part of the written assessment is based on a hypothetical factual situation relating to business transactions within a business structure. Students are required to discuss and analyse the likely outcomes for the parties concerned, including their rights, obligations and remedies, identifying the legal issues and applying legal principles to the hypothetical scenario. The third part of the written assessment is an essay requiring that students research and analyse various aspects of the company structure.
Part A: Case Analysis (1000 words) 15 marks
Part B : Problem Question (500 words) 5 marks
Part C: Short Essay (not exceeding 1500 words) 20 marks
Full details of the assignment task, including a PDF version of the case for Part A, will be made available on the Assignment Advice link on the Company & Association Law Moodle site.
Week 6 Friday (21 Apr 2017) 5:00 pm AEST
Week 8 Friday (5 May 2017)
These criteria are a general guide as to the standard expected at the various levels. It is not necessarily the case that all these criteria will be met at a particular standard, as there may be a superior performance on one of the criteria and not so satisfactory performance on another. For the Fail standard, it is unlikely that all these faults will be found in a single assessment, but at least some of them are likely to be present.
High Distinction standard
- the answer is very well written and clearly expressed
- there is a demonstrated appreciation and understanding of the issues involved
- the answer is well structured and logically organised
- demonstrated mastery of referencing system
- there is evidence of a comprehensive analysis of the issues
Distinction standard
- the answer is well written and expressed
- the answer is structured and logical
- the issues have been reasonably well identified and appreciated
- there is correct use of referencing
- all the issues have been analysed
Credit standard
- the answer is generally well written and expressed
- the answer is structured and sequential
- referencing is satisfactory
- issues are identified and addressed
- there has been a sound attempt to analyse some of the issues
Pass standard
- the answer is able to be followed and understood
- the answer could perhaps be better organised and structured
- the referencing may need improvement
- issues may need to be identified and addressed in more depth
- analysis when present may be incorrect
Fail standard
- the written expression is poor and difficult to understand
- the argument and/or conclusions are difficult to follow or illogical
- the answer is poorly organised
- there has been a failure to address the task or the issues in the question
- referencing is generally inadequate
- Describe and explain the various business structures considered in the court
- Locate, interpret and analyse various sections of legislation applicable to corporations and other business structures
- Apply your knowledge of law to particular fact situations relevant to the unit so that the legal issues raised are discussed coherently and reasonable conclusions are reached.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Ethical practice
Examination
Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised.
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?
