CQUniversity Unit Profile
LAWS20059 Corporations and Business Structures
Corporations and Business Structures
All details in this unit profile for LAWS20059 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

This unit will provide you with a comprehensive study of the law of business structures, with a particular focus on company and securities industry law. Topics include partnerships, trusts and other organisational structures, the effects of incorporation, the corporate constitution, registration requirements, prospectuses and share issues, administration of companies, raising finance, directors, shareholders, meetings, external administration and winding up, takeovers, special types of companies, and market regulation. If you have successfully completed the unit LAWS20029 you should not enrol in this unit.

Details

Career Level: Postgraduate
Unit Level: Level 9
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

Pre-requisites or Co-requisites

Prerequisite: LAWS20058

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 - 2022

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 Postgraduate 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. Presentation and Written Assessment
Weighting: 40%
2. Online Test
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 Verbal feedback

Feedback

Students prefer flexibility of online delivery

Recommendation

Delivery of teaching will be reviewed.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Research and advise on the principles of partnerships, trusts and company law
  2. Advise on the practical and legal features of the various types of corporate and non-corporate business structures, including advice on the risks and problems associated with particular structures
  3. Advise on and resolve problems and disputes arising out of partnerships, trusts and corporations
  4. Advise on proper practices of corporate governance, finance, reporting and record-keeping.
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
1 - Presentation and Written Assessment - 40%
2 - Online Test - 60%

Alignment of Graduate Attributes to Learning Outcomes

Graduate Attributes Learning Outcomes
1 2 3 4
1 - Knowledge
2 - Communication
3 - Cognitive, technical and creative skills
4 - Research
5 - Self-management
6 - Ethical and Professional Responsibility
7 - Leadership
8 - Aboriginal and Torres Strait Islander Cultures
Textbooks and Resources

Textbooks

Prescribed

Commercial Applications of Company Law 2022

Edition: 23rd ed (2022)
Authors: Pamela Hanrahan, Ian Ramsay and Geof Stapledon
Oxford University Press
Docklands Docklands , Victoria , Australia
ISBN: 9780190337209
Binding: Paperback

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Zoom (both microphone and webcam capability)
Referencing Style

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

For further information, see the Assessment Tasks.

Teaching Contacts
Rouh Shi Low Unit Coordinator
r.low@cqu.edu.au
Angelo Capuano Unit Coordinator
a.capuano@cqu.edu.au
Schedule
Week 1: Sole Proprietors, Partnerships and Joint Ventures Begin Date: 11 Jul 2022

Module/Topic

Sole Proprietors, Partnerships and Joint Ventures

Chapter

Lexis Advance Pacific, Halsbury’s Laws of Australia, Section 305 – Partnerships and Joint Ventures

Class Notes, general Moodle resources and Extracts from Partnership Act 1891 (on moodle site).

Events and Submissions/Topic

Week 2: Trusts Begin Date: 18 Jul 2022

Module/Topic

Trusts

Chapter

Lexis Advance Pacific, Halsbury’s Laws of Australia, Section 430 – Trusts

Class Notes on Trusts and general Moodle resources (on moodle site)

Events and Submissions/Topic

Week 3: The Nature of Companies Begin Date: 25 Jul 2022

Module/Topic

The Nature of Companies

Chapter

Pamela Hanrahan, Ian Ramsay & Geof Stapledon, Commercial Applications of Company Law (Oxford University Press, 23rd ed, 2022), Chapter 1, 2 and 3.

Events and Submissions/Topic

Week 4: Internal Corporate Governance Begin Date: 01 Aug 2022

Module/Topic

Internal Corporate Governance

Chapter

Pamela Hanrahan, Ian Ramsay & Geof Stapledon, Commercial Applications of Company Law (Oxford University Press, 23rd ed, 2022) Chapter 4 (all), Chapter 5 (sections 5-100 to 5-140, 5-300 to 5-720), Chapter 6 (sections 6-100 to 6-540), Chapter 7 (sections 7-200 to 7-520), Chapter 8 (all), Chapter 9 (sections 9-200 to 9-380).

Events and Submissions/Topic

Week 5: Corporate Management and Directors' Duties Begin Date: 08 Aug 2022

Module/Topic

Corporate Management and Directors' Duties

Chapter

Pamela Hanrahan, Ian Ramsay & Geof Stapledon, Commercial Applications of Company Law (Oxford University Press, 23rd ed, 2022) Chapter 10 to 14. 

Events and Submissions/Topic

Vacation Week Begin Date: 15 Aug 2022

Module/Topic

Revision and preparation of the assignment

Chapter

Events and Submissions/Topic

Week 6: Remedies and Reporting Requirements Begin Date: 22 Aug 2022

Module/Topic

Remedies and Reporting Requirements

Chapter

Pamela Hanrahan, Ian Ramsay & Geof Stapledon, Commercial Applications of Company Law (Oxford University Press, 23rd ed, 2022) Chapter 15 to 17.

Events and Submissions/Topic

Due: Week 6 Friday (26 Aug 2022) 5:00 pm AEST
Week 7: Corporate Finance Begin Date: 29 Aug 2022

Module/Topic

Corporate Finance

Chapter

Pamela Hanrahan, Ian Ramsay & Geof Stapledon, Commercial Applications of Company Law (Oxford University Press, 23rd ed, 2022) Chapter 18 to 20. 

Events and Submissions/Topic

Week 8: Corporate Contracting and Liability Begin Date: 05 Sep 2022

Module/Topic

Corporate Contracting and Liability

Chapter

Pamela Hanrahan, Ian Ramsay & Geof Stapledon, Commercial Applications of Company Law (Oxford University Press, 23rd ed, 2022) Chapter 23. 

Events and Submissions/Topic

Week 9: External Administration Begin Date: 12 Sep 2022

Module/Topic

External Administration

Chapter

Pamela Hanrahan, Ian Ramsay & Geof Stapledon, Commercial Applications of Company Law (Oxford University Press, 23rd ed, 2022) Chapters 24 and 25.

Events and Submissions/Topic

Week 10: The Secondary Market Begin Date: 19 Sep 2022

Module/Topic

The Secondary Market

Chapter

Pamela Hanrahan, Ian Ramsay & Geof Stapledon, Commercial Applications of Company Law (Oxford University Press, 23rd ed, 2022) Chapter 21. 

Lauren McKee, 'How Do I Transfer Shares?' (2 April 2019, Legal Vision, Web Page)

Events and Submissions/Topic

Week 11: Examination practice and revision Begin Date: 26 Sep 2022

Module/Topic

Examination practice and revision

Chapter

Events and Submissions/Topic

Week 12: Examination practice and revision Begin Date: 03 Oct 2022

Module/Topic

Examination practice and revision

Chapter

Events and Submissions/Topic

Review/Exam Week Begin Date: 10 Oct 2022

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 17 Oct 2022

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Presentation and Written Assessment

Assessment Title
No Assessment Title

Task Description

This assignment task involves legal research from authoritative sources, and the application of legal knowledge and skills to a real life situation. It will involve both written reporting and advice, as well as a presentation component in which students will report their findings in a YouTube video. The full details of the assignment will be provided at length on the Moodle site.


Assessment Due Date

Week 6 Friday (26 Aug 2022) 5:00 pm AEST

The extensions policy will be strictly enforced. Late submissions will incur the following penalty in accordance with CQU policy: 5% of the available marks will be deducted for each full or part calendar day the assessment task is overdue.


Return Date to Students

Week 8 Friday (9 Sept 2022)

Results and feedback will be available on Moodle


Weighting
40%

Assessment Criteria

The research component will be assessed on the quality of the sources used, the student's ability to select sources relevant to the task, and the ability to summarise the outcomes of the research in a concise and structured way. Arguments addressing the research questions or problems must be logically ordered and structured and focused on the issues. The YouTube video presentation must endeavour to present the outcomes of the research in a user-friendly way suitable for understanding by a client who has no knowledge of the law. This aspect of the presentation will be the primary focus of marking the video, not just the legal content. A more detailed rubric will be provided with the assignment specification.


Referencing Style

Submission
Online

Submission Instructions
Submission will be online via Moodle.

Learning Outcomes Assessed
  • Research and advise on the principles of partnerships, trusts and company law
  • Advise on the practical and legal features of the various types of corporate and non-corporate business structures, including advice on the risks and problems associated with particular structures
  • Advise on and resolve problems and disputes arising out of partnerships, trusts and corporations
  • Advise on proper practices of corporate governance, finance, reporting and record-keeping.

2 Online Test

Assessment Title
No Assessment Title

Task Description

Students will be required to solve problems and/or answer questions relating to any of the topics studied in the unit. They will be expected to have sound knowledge of the law and apply the law to real life situations in order to solve problems and/or give advice.


Assessment Due Date

The date of the online test will be set by the School and advised to students during the term.


Return Date to Students

Results will only be made available after certification of grades.


Weighting
60%

Assessment Criteria

The online test 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 is online via Moodle.

Learning Outcomes Assessed
  • Research and advise on the principles of partnerships, trusts and company law
  • Advise on the practical and legal features of the various types of corporate and non-corporate business structures, including advice on the risks and problems associated with particular structures
  • Advise on and resolve problems and disputes arising out of partnerships, trusts and corporations
  • Advise on proper practices of corporate governance, finance, reporting and record-keeping.

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?