Students
LAWS8011 – Company Law
2020 – Session 2, Special circumstance
Notice
As part of Phase 3 of our return to campus plan, most units will now run tutorials, seminars and other small group learning activities on campus for the second half-year, while keeping an online version available for those students unable to return or those who choose to continue their studies online.
To check the availability of face to face activities for your unit, please go to timetable viewer. To check detailed information on unit assessments visit your unit's iLearn space or consult your unit convenor.
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Rod Smith
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|---|---|
| Credit points |
Credit points
10
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| Prerequisites |
Prerequisites
Admission to JD and (LAWS8030 or LAWS803)
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| Unit description |
Unit description
This unit studies the nature, formation and management of the modern corporation. It examines the consequences of the adoption of corporate form including the separation of legal personality between the company and its shareholders and the impact of limited liability. The extensive common law and statutory regulatory regime applicable to directors and other company officers in the management of the company is surveyed as is the important role of shareholders' rights in governing this entity. The examination of the corporation is undertaken in the context of globalisation where the proliferation of corporate governance codes is increasing.
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Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- ULO1: Critically analyse and articulate (orally and in writing) the substantive corporate law rules in legislation and case law
- ULO2: Evaluate the effectiveness of corporate legislation and its impact on the corporation and corporate stakeholders
- ULO3: Describe and critically analyse the complex interactions between corporate law, history and social context
- ULO4: Describe and synthesise the contextual and doctrinal features of directors’ duties.
- ULO5: Apply relevant corporate and commercial law principles to resolve complex legal problems.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Quiz | 20% | No | 19/8/2020 |
| Online and in class participatory tasks | 20% | No | All semester |
| Take-Home Exam | 60% | No | 7/11/2020 |
Quiz
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 1 hours
Due: 19/8/2020
Weighting: 20%
Quiz testing students' understanding of company law
On successful completion you will be able to:
- Critically analyse and articulate (orally and in writing) the substantive corporate law rules in legislation and case law
- Describe and synthesise the contextual and doctrinal features of directors’ duties.
- Apply relevant corporate and commercial law principles to resolve complex legal problems.
Online and in class participatory tasks
Assessment Type 1: Participatory task
Indicative Time on Task 2: 20 hours
Due: All semester
Weighting: 20%
A series of online and face to face activities including legal problem solving, discussion forums and debates that draw on students' understanding of the lectures and required readings
On successful completion you will be able to:
- Critically analyse and articulate (orally and in writing) the substantive corporate law rules in legislation and case law
- Evaluate the effectiveness of corporate legislation and its impact on the corporation and corporate stakeholders
- Describe and critically analyse the complex interactions between corporate law, history and social context
- Describe and synthesise the contextual and doctrinal features of directors’ duties.
- Apply relevant corporate and commercial law principles to resolve complex legal problems.
Take-Home Exam
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 5 hours
Due: 7/11/2020
Weighting: 60%
A time limited take home exam testing student's understanding of company law
On successful completion you will be able to:
- Critically analyse and articulate (orally and in writing) the substantive corporate law rules in legislation and case law
- Apply relevant corporate and commercial law principles to resolve complex legal problems.
1 If you need help with your assignment, please contact:
- the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
- the Writing Centre for academic skills support.
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
Delivery and Resources
Lectures: there will be lecture (2 hours) posted each week. The lectures start in Week 1.
Tutorials: will held weekly and students' participation assessed. Students must attend the
tutorial in which they are enrolled and any changes must be made through eStudent. Questions
for tutorials will be posted on the iLearn page regularly. Tutorials will begin in Week 1.
Resources
Required reading
- Stephen Bottomley, Kath Hall, Peta Spender and Beth Nosworthy, Contemporary Australian Corporate Law, (Cambridge University Press, 2018)
- Legislation - students will also need access to the most recent edition of Australian Corporations Legislation, Volume One
- Other relevant resources will be posted regularly on iLearn
Recommended texts
- Robert Austin and Ian M Ramsay, Ford, Austin and Ramsay’s Principles of Corporations Law, (LexisNexis, 2018)
- Jason Harris, Company Law: Theories, Principles and Applications, (LexisNexis, 2015)
- Phillip Lipton, Abe Herzberg and Michelle Welsh, Understanding Company Law, (Lawbook Co., 2018)
- Paul Redmond, Corporations and Financial Markets Law, (Lawbook Co. 2017)
- Jeswynn Yogaratnam and Lidia Xynas, Corporations Law: In Principle, (Lawbook Co., 2017)
Useful Sources
- Australian Business Law Review
- Australian Journal of Corporate Law
- Company and Securities Law Journal
- Australian Institute of Company Directors website (eg: https://aicd.companydirectors.com.au/resources/all-topics)
- Australian Securities & Investment Commission website (eg: https://asic.gov.au/regulatory-resources/)
- Australian Stock Exchange website (eg: https://www.asx.com.au/about/corporate-governance.htm)
Unit Schedule
Lectures
Week 1 The history of the corporation
Week 2 Corporate personality and its consequences
Week 3 Incorporation and the types of corporations
Week 4 Corporate constitution
Week 5 Corporate contracting
Week 6 Administration through decision-making, meetings and reporting
Week 7 Corporate finance
Week 8 Corporate fundraising
Week 9 Duties and liabilities of directors and officers part 1
Week 10 Duties and liabilities of directors and officers part 2
Week 11 Members rights and remedies
Week 12 Process for receivership, schemes of arrangements, voluntary administration and winding up
Week 13 No lecture this week
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Grade Appeal Policy
- Complaint Management Procedure for Students and Members of the Public
- Special Consideration Policy (Note: The Special Consideration Policy is effective from 4 December 2017 and replaces the Disruption to Studies Policy.)
Students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central).
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/study/getting-started/student-conduct
Results
Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au or if you are a Global MBA student contact globalmba.support@mq.edu.au
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to help you improve your marks and take control of your study.
The Library provides online and face to face support to help you find and use relevant information resources.
Student Services and Support
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
Student Enquiries
For all student enquiries, visit Student Connect at ask.mq.edu.au
If you are a Global MBA student contact globalmba.support@mq.edu.au
IT Help
For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.