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 1 - 2021

Brisbane
Melbourne
Online
Sydney

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 feedback

Feedback

Workshops should be longer than 1 hour

Recommendation

The students seemed to benefit from a focused 1 hour workshop, but the suitability of workshops of 2 hours in duration will be reviewed.

Feedback from Student feedback

Feedback

Workshop time should suit distance students who work

Recommendation

Workshops must be accessible to students with a range of circumstances, including not only traditional 9am to 5pm work but also students who have carer responsibilities, students who work nights, etc. The daytime class should be retained and continue to be recorded for students who are unable to attend the class.

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
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 - Take Home Exam - 60%
Textbooks and Resources

Textbooks

Prescribed

Commercial Applications of Company Law 2020

Edition: 21st ed (2020)
Authors: Pamela Hanrahan, Ian Ramsay, and Geof Stapledon
Oxford University Press
Docklands Docklands , Victoria , Australia
ISBN: 9780190323929
Binding: Paperback

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Zoom Capacity (microphone required; webcam optional)
Referencing Style

All submissions for this unit must use the referencing styles below:

For further information, see the Assessment Tasks.

Teaching Contacts
Angelo Capuano Unit Coordinator
a.capuano@cqu.edu.au
Schedule
Week 1: Business organisations Begin Date: 08 Mar 2021

Module/Topic

Business organisations

Chapter

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

Events and Submissions/Topic

Week 2: Companies and incorporation Begin Date: 15 Mar 2021

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: Corporate governance and company management Begin Date: 22 Mar 2021

Module/Topic

Corporate governance, company management, and, reporting and disclosure requirements of companies 

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), ch 17

Events and Submissions/Topic

Week 4: Company constitution Begin Date: 29 Mar 2021

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: Companies, outsiders and corporate liability Begin Date: 05 Apr 2021

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: 12 Apr 2021

Module/Topic

Chapter

Events and Submissions/Topic

Week 6: Directors’ and officers’ duties, Part A Begin Date: 19 Apr 2021

Module/Topic

Directors’ and officers’ duties, Part 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 Friday (23 Apr 2021) 11:55 pm AEST
Week 7: Directors’ and officers’ duties, Part B Begin Date: 26 Apr 2021

Module/Topic

Directors’ and officers’ duties, Part 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: Membership, members’ powers and dividends Begin Date: 03 May 2021

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: Members’ remedies Begin Date: 10 May 2021

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: Financing a company, shares and shareholding Begin Date: 17 May 2021

Module/Topic

Financing a company, shares and shareholding 

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: External administration Begin Date: 24 May 2021

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: Revision Begin Date: 31 May 2021

Module/Topic

Revision

Chapter

Events and Submissions/Topic

Review/Exam Week Begin Date: 07 Jun 2021

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 14 Jun 2021

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

In this assignment students will be required to conduct an interview about an Australian business in a particular industry, and write a report for a fictitious professional services firm which explains business structures to advise whether the business is using the most appropriate business structure. Assignment details will be posted on the Moodle site. 


Assessment Due Date

Week 6 Friday (23 Apr 2021) 11:55 pm AEST


Return Date to Students

Week 8 Friday (7 May 2021)

Results and feedback will be available on Moodle


Weighting
40%

Assessment Criteria

  • Written expression and structure;
  • Use of headings and, where appropriate, sub-headings;
  • Research;
  • Knowledge of business structures and the law;
  • Use of most appropriate authority, such as legislation and case law;
  • Critical thinking;
  • Ability to evaluate different options, and recommend one option from different alternatives. 

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 business structures. 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

Results of the take-home exam will only be made available after certification of grades.


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?