CQUniversity Unit Profile
LAWS19032 Company & Association Law
Company & Association Law
All details in this unit profile for LAWS19032 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

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

Career Level: Undergraduate
Unit Level: Level 2
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

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 2 - 2020

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. Written Assessment
Weighting: 40%
2. 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

Feedback

Students appreciated the practical nature of the assignment, but were sometimes unsure how to answer the practical component.

Recommendation

We should persist with authentic style assessments, but consider how we can enhance the instructions to support this learning experience. The thinking part of the assessment is up to the students, but the approach to that thinking task can be clarified in the instructions.

Feedback from Marker, self-reflection

Feedback

Students fail to properly address the questions in the assessments and instead try to turn assessments into a regurgitation exercise.

Recommendation

The UC needs to address with teachers how to increase the amount of written practice incorporated into classes, and stress the fact that answers need to be coherent attempts to address issues, not just regurgitation of law or copied answers from other sources. The tutorials as designed allow scope for such practice. For distance students, the UC needs to promote and encourage students to submit written tutorial answers to get feedback throughout the term.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Describe and explain the various business structures considered in the court
  2. Locate, interpret and analyse various sections of legislation applicable to corporations and other business structures
  3. 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 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
1 - Written Assessment - 40%
2 - Take Home Exam - 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

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Written Assessment - 40%
2 - Take Home Exam - 60%
Textbooks and Resources

Textbooks

Prescribed

Commercial Applications of Company Law 2020 21st ed (2020)

Authors: Pamela Hanrahan, Ian Ramsay and Geof Stapledon
Oxford University Press
Docklands Docklands , Victoria , Australia
ISBN: 9780190323929
Binding: Paperback

Additional Textbook Information

If you prefer to study with a paper copy, they are available at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code). eBooks are available at the publisher's website.

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
Angelo Capuano Unit Coordinator
a.capuano@cqu.edu.au
Schedule
Week 1 Begin Date: 13 Jul 2020

Module/Topic

Business organisations

Chapter

Lexis Advance Pacific, Halsbury’s Laws of Australia, Section 305

Events and Submissions/Topic

Week 2 Begin Date: 20 Jul 2020

Module/Topic

Companies and incorporation

Chapter

Pamela Hanrahan, Ian Ramsay and Geof Stapledon, Commercial Applications of Company Law (Oxford University Press, 21st ed, 2020), ch 1 (sections 1-001 to 1-140), ch 2 (sections 2-100 to 2-120, 2-500 to 2-540), ch 3 (all), ch 4 (sections 4-300 to 4-540), ch 5 (sections 5-100 to 5-140).

Events and Submissions/Topic

Week 3 Begin Date: 27 Jul 2020

Module/Topic

Corporate governance and company management

Chapter

Pamela Hanrahan, Ian Ramsay and Geof Stapledon, Commercial Applications of Company Law (Oxford University Press, 21st ed, 2020), ch 6, ch 2 (sections 2-520, 2-540).

Events and Submissions/Topic

Week 4 Begin Date: 03 Aug 2020

Module/Topic

Company constitution

Chapter

Pamela Hanrahan, Ian Ramsay and Geof Stapledon, Commercial Applications of Company Law (Oxford University Press, 21st ed, 2020), ch 5, ch 9 (sections 9-200 to 9-260), ch 16.

Events and Submissions/Topic

Week 5 Begin Date: 10 Aug 2020

Module/Topic

Companies, outsiders and corporate liability

Chapter

Pamela Hanrahan, Ian Ramsay and Geof Stapledon, Commercial Applications of Company Law (Oxford University Press, 21st ed, 2020), ch 23, ch 3 (sections [3-500] to [3-550]).

Events and Submissions/Topic

Vacation Week Begin Date: 17 Aug 2020

Module/Topic

Chapter

Events and Submissions/Topic

Week 6 Begin Date: 24 Aug 2020

Module/Topic

Directors’ and officers’ duties A

Chapter

Pamela Hanrahan, Ian Ramsay and Geof Stapledon, Commercial Applications of Company Law (Oxford University Press, 21st ed, 2020), chs 11, 12.

Events and Submissions/Topic

Individual assignment Due: Week 6 Thursday (27 Aug 2020) 11:45 pm AEST
Week 7 Begin Date: 31 Aug 2020

Module/Topic

Directors’ and officers’ duties B

Chapter

Pamela Hanrahan, Ian Ramsay and Geof Stapledon, Commercial Applications of Company Law (Oxford University Press, 21st ed, 2020), chs 13, 14 and 15.

Events and Submissions/Topic

Week 8 Begin Date: 07 Sep 2020

Module/Topic

Membership, members’ powers and dividends

Chapter

Pamela Hanrahan, Ian Ramsay and Geof Stapledon, Commercial Applications of Company Law (Oxford University Press, 21st ed, 2020), chs 7, 8.

Events and Submissions/Topic

Week 9 Begin Date: 14 Sep 2020

Module/Topic

Members’ remedies

Chapter

Pamela Hanrahan, Ian Ramsay and Geof Stapledon, Commercial Applications of Company Law (Oxford University Press, 21st ed, 2020), ch 16.

Events and Submissions/Topic

Week 10 Begin Date: 21 Sep 2020

Module/Topic

Financing a company

Chapter

Pamela Hanrahan, Ian Ramsay and Geof Stapledon, Commercial Applications of Company Law (Oxford University Press, 21st ed, 2020), chs 18, 19, ch 20 (section 20-220).

Events and Submissions/Topic

Week 11 Begin Date: 28 Sep 2020

Module/Topic

External administration

Chapter

Pamela Hanrahan, Ian Ramsay and Geof Stapledon, Commercial Applications of Company Law (Oxford University Press, 21st ed, 2020), chs 24, 25.

Events and Submissions/Topic

Week 12 Begin Date: 05 Oct 2020

Module/Topic

Revision

Chapter

Events and Submissions/Topic

Review/Exam Week Begin Date: 12 Oct 2020

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 19 Oct 2020

Module/Topic

Chapter

Events and Submissions/Topic

Take-home exam will be due at a date to be set

Assessment Tasks

1 Written Assessment

Assessment Title
Individual assignment

Task Description

The assignment will be an exercise in planning and conducting an interview with the client in which you will advise the client on an appropriate business structure for his/her new business. The detail of the assignment will be provided on the Moodle site. The assignment will take you through the following steps:

  • working out what law is relevant to a client who is considering a decision on what business structure to adopt;
  • working out what information you need to get from the client in the interview to make a recommendation about a business structure;
  • working out what questions to ask the client to obtain that information;
  • conducting the interview with the client (who will be a real person acting as a pretend client) to obtain the requisite information;
  • advising the client on the law;
  • weighing up the options for the client based on the information that the client provided; and
  • making a recommendation about a business structure based on the information that the client provided.


Assessment Due Date

Week 6 Thursday (27 Aug 2020) 11:45 pm AEST


Return Date to Students

Week 8 Thursday (10 Sept 2020)


Weighting
40%

Assessment Criteria

The assignment contains several stages in which different skills will be developed and assessed. Clearly, legal research skills will be important, because a professional cannot give inaccurate advice, but the main focus will be on practical skills such as:

  • ability to put oneself in the place of the client to appreciate the problem from the client's perspective;
  • insight into how legal differences between business structures can have practical impacts on businesses;
  • ability to judge what law is relevant to the client's decision making process and what law is not;
  • ability to weigh up multiple alternatives and make a professional judgment about a recommendation;
  • ability to explain that weighing up process and the argument for the recommendation so that the client can understand it;
  • ability to express oneself in a professional manner to a fellow professional, and in a plain English manner to a client.

These criteria overlap in practice so they will not be allocated separate marks. The description of the assignment on the Moodle site will contain a detailed rubric. 


Referencing Style

Submission
Online

Submission Instructions
Submission will be online via Moodle

Learning Outcomes Assessed
  • 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.


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

2 Take Home Exam

Assessment Title
Take-Home Exam

Task Description

Students will be required to solve legal problems and answer questions concerning different business structures, such as partnerships, trusts, companies and incorporated associations. Students will be required to have knowledge of relevant law, and apply that law to answer questions and solve problems. A detailed rubric will be provided on the unit's Moodle page. 


Assessment Due Date

Take-home exam will be due at a date to be set


Return Date to Students

Weighting
60%

Assessment Criteria

The take-home exam will assess a number of skills, such as: 

  • written expression; 
  • referencing;
  • the ability to use legislation and case law; 
  • the ability to identify legal issues; 
  • the ability to identify applicable law; 
  • the ability to accurately explain the law;
  • the ability to apply law to solve problems, and/or to answer questions; 
  • the ability to reach a conclusion and/or provide advice based on legal analysis.


Referencing Style

Submission
Online

Submission Instructions
Submission will be online via Moodle.

Learning Outcomes Assessed
  • 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.


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