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ACCG6014 – Business and Company Law
2021 – Session 2, Special circumstances
Session 2 Learning and Teaching Update
The decision has been made to conduct study online for the remainder of Session 2 for all units WITHOUT mandatory on-campus learning activities. Exams for Session 2 will also be online where possible to do so.
This is due to the extension of the lockdown orders and to provide certainty around arrangements for the remainder of Session 2. We hope to return to campus beyond Session 2 as soon as it is safe and appropriate to do so.
Some classes/teaching activities cannot be moved online and must be taught on campus. You should already know if you are in one of these classes/teaching activities and your unit convenor will provide you with more information via iLearn. If you want to confirm, see the list of units with mandatory on-campus classes/teaching activities.
Visit the MQ COVID-19 information page for more detail.
General Information
Download as PDF
| Unit convenor and teaching staff |
Unit convenor and teaching staff
Lecturer
Bob Kramer
As specified in iLearn
Teaching Assistant
Claudia Chau
Contact via ACCG6014@mq.edu.au
Moderator
Zaman Khorseduzzaman
Contact via Email
4ER - 212
|
|---|---|
| Credit points |
Credit points
10
|
| Prerequisites |
Prerequisites
Admission to MAccg or MAccLead or MProfAcc or MProfAccgLead
|
| Corequisites |
Corequisites
|
| Co-badged status |
Co-badged status
|
| Unit description |
Unit description
This unit introduces students to the Australian legal system, relevant commercial legal principles, and corporate law and regulation. At the beginning of the unit students will identify core aspects of rights and liabilities, and the characteristics of business organisations generally. Thereafter, the unit focuses on Australian company law. Students develop an understanding of the nature and function of a company and will analyse important issues concerning the duties of directors, shareholder rights, takeovers and share market regulation, and corporate insolvency. Classes will include consideration of relevant legal issues, case law, and important sections of the Corporations Act. Completing this unit will equip students with relevant insights into the regulation of the commercial environment and the ability to critically assess and appraise the rights and obligations arising in the formation, management and functioning of a company. |
Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://students.mq.edu.au/important-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- ULO1: Describe the nature of the Australian commercial legal environment and recognise and evaluate the principles of the law of contract and tort
- ULO2: Identify and evaluate corporate characteristics including articulating and critically analysing the role and obligations of directors
- ULO3: Appraise and evaluate how shareholders rights are protected and how the Corporations Act regulates acquisition and disposal of shares.
- ULO4: Compare corporate mechanisms for dealing with insolvency and critically assess the nature of corporate insolvency in the current regulatory environment.
- ULO5: Produce and deliver written and oral material suitable for the purposes of engaging and informing an academic audience
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Online Quiz | 20% | No | 30/08/2021 |
| Assignment | 30% | No | 18/10/2021 |
| Online Final Exam | 50% | No | During Exam Period |
Online Quiz
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 15 hours
Due: 30/08/2021
Weighting: 20%
The online quiz will be held in the first half of the session. The duration and details of the quiz will be advised in the week prior to the quiz. The quiz may be either multiple-choice questions, true/false questions, short answer style questions, or a combination thereof.
On successful completion you will be able to:
- Describe the nature of the Australian commercial legal environment and recognise and evaluate the principles of the law of contract and tort
- Identify and evaluate corporate characteristics including articulating and critically analysing the role and obligations of directors
Assignment
Assessment Type 1: Essay
Indicative Time on Task 2: 28 hours
Due: 18/10/2021
Weighting: 30%
Students will be assigned a topic/question and be required to submit a written response. Maximum length 1,200 words excluding references. The submission must be clear and concise, make reference to relevant law, show evidence of research and address the issues central to the topic/task.
On successful completion you will be able to:
- Describe the nature of the Australian commercial legal environment and recognise and evaluate the principles of the law of contract and tort
- Identify and evaluate corporate characteristics including articulating and critically analysing the role and obligations of directors
- Appraise and evaluate how shareholders rights are protected and how the Corporations Act regulates acquisition and disposal of shares.
- Compare corporate mechanisms for dealing with insolvency and critically assess the nature of corporate insolvency in the current regulatory environment.
- Produce and deliver written and oral material suitable for the purposes of engaging and informing an academic audience
Online Final Exam
Assessment Type 1: Examination
Indicative Time on Task 2: 40 hours
Due: During Exam Period
Weighting: 50%
A two-hour open book exam will be held during the University Examination Period.
On successful completion you will be able to:
- Describe the nature of the Australian commercial legal environment and recognise and evaluate the principles of the law of contract and tort
- Identify and evaluate corporate characteristics including articulating and critically analysing the role and obligations of directors
- Appraise and evaluate how shareholders rights are protected and how the Corporations Act regulates acquisition and disposal of shares.
- Compare corporate mechanisms for dealing with insolvency and critically assess the nature of corporate insolvency in the current regulatory environment.
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 Learning Skills Unit 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
Classes will progress through the various Lecture Areas referred to in this Unit Guide. Besides face-to-face delivery of lectures, an online version will be available for the students who are unable to return to campus or who choose to continue their studies online. There may be some reorganisation, overlapping, and/or integration of areas to accommodate assessment, holiday scheduling, unit structure or class management. Students should note that, together with the designated practice questions, the classes may cover other issues relevant to the unit.
The timetable for classes can be found on the University web site at: http://www.timetables.mq.edu.au/
Students must remain in their allocated classes.
Required Text: Quilter, Company Law Perspectives, 4th ed. 2020, Thomson Reuters (Lawbook Co.).
Company Law Perspectives, 4th ed. 2020 is available in the Macquarie University library. It can be purchased directly from the publishers Thomson Reuters via their website: https://legal.thomsonreuters.com.au/student/university/macquarie/.
The following is recommended for further reading:
Lipton, Herzberg and Welsh, Understanding Company Law, Thomson Reuters (Lawbook Co.).
After considering the Australian legal framework and aspects of general commercial law, the unit will focus on corporate issues and the relevance and effect of the Corporations Act. Students should note that certain relevant sections of the Corporations Act are set out in Company Law Perspectives 4th ed. 2020. Statutes may be viewed in full at: www.austlii.edu.au
Useful websites:
Relevant unit material (if any) will be available on the learning management system (iLearn)
This unit is taught by way of seminars. Practice questions are discussed during the session to enable the application of content.
Students should take responsibility for their own learning and this will incorporate reading as required, attendance at seminars, developing effective study strategies, reflection on their abilities, and a task-oriented approach to assessment – that is, do not think solely about gathering information - think about what will be required - what makes for successful performance in tests, assignments, and examinations - how you will use the law you have studied. There are 2 main components of successful commercial and company law study: one is that students must have some knowledge of the core issues of the relevant topics [take short clear notes in classes, think about your task, involve yourself in classes], the second is that students will only be successful if they can apply what they have learned, that is, in your test, assignment, or examination, you have to be able to use the law to solve problems, communicate, analyse and explain.
Students should be ready to allocate at least 150 hours during the session (in total) to ACCG6014. This includes all classes, assessment (estimates for assessment allocation are set out above under “Assessment Tasks”), personal study and other learning activities.
Technology Used and Required:
Technology used: learning management system (https://ilearn.mq.edu.au/login/index.php). Students have to frequently access this Unit's iLearn site (https://ilearn.mq.edu.au/login/index.php) for relevant unit material, announcements, and detailed information regarding the Unit.
Unit Schedule
Lecture/Seminar Areas/Topics
The required text for the unit is: Quilter, Company Law Perspectives 4th ed. 2020, published by Thomson Reuters [referred to herein as CLP 4th ed. 2020]
Week 1
LEGAL FRAMEWORK and LEGAL SYSTEM
LAW OF TORT
Required reading: CLP 4th ed. 2020 - Chapters 1 and 3
Week 2
CONTRACT LAW: CREATION
AGENCY
Required reading: CLP 4th ed. 2020 - Chapters 2 (2.10-2.110), and 4
Week 3
CONTRACT LAW: ENFORCEMENT
CONSUMER PROTECTION
FOUNDERS and EMPLOYEES
INTELLECTUAL PROPERTY
Required reading: CLP 4th ed. 2020 - Chapters 2 (2:120-170), and 34
Week 4
COMPARISON OF BUSINESS ORGANISATIONS
CORPORATE HISTORY and LEGISLATIVE FRAMEWORK
Required reading: CLP 4th ed. 2020 - Chapters 5 and 6
Partnership Act: www.austlii.edu.au/au/legis/nsw/consol_act/pa1892154/
Week 5
REGISTRATION and TYPES OF COMPANIES
THE COMPANY CONSTITUTION and THE RELATIONSHIP BETWEEN THE COMPANY AND OUTSIDERS
Required reading: CLP 4th ed. 2020 - Chapters 7, 8, 9, 10 and 11
Corporations Act: www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/
Week 6
CORPORATE FINANCING and DIVIDENDS
Required reading: CLP 4th ed. 2020 - Chapters 13, 14,15, 16, 17
Corporations Act: www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/
Mid-Semester Break (5 – 16 April 2021)
Week 7
DIRECTORS and MANAGEMENT
Required reading: CLP 4th ed. 2020 - Chapter 18
Corporations Act: www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/
Week 8
DIRECTORS' DUTIES and CORPORATE GOVERNANCE
FINANCIAL and REPORTING OBLIGATIONS
Required reading: CLP 4th ed. 2020 - Chapters 19, 20, 21 and 22
Corporations Act: www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/
Week 9
No seminar class this week because Monday 4 October 2021 is a public holiday. The topics for this week (Week 9) have been moved to be included in Weeks 8 and 10.
Week 10
AUDIT and INVESTIGATIONS
MEETINGS and MEMBERS' RIGHTS
Required reading: CLP 4th ed. 2020 - Chapters 23, 24, 25 and 26
Corporations Act: www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/
Week 11
TAKEOVERS
FINANCIAL SERVICES and MARKETS
Required reading: CLP 4th ed. 2020 - Chapters 27 and 28
Corporations Act: www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/
Week 12
INSOLVENCY and RESTRUCTURING
Required reading: CLP 4th ed. 2020 - Chapters 29, 30, 31 and 32
Corporations Act: www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/
Week 13
LIQUIDATION
Required reading: CLP 4th ed. 2020 - Chapter 33
Corporations Act: www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/
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/admin/other-resources/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 Enquiry Service
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
Equity 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.
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.
Students must use their Macquarie University email addresses to communicate with staff as it is University policy that the University issued email account is used for official University communication.
Consultation is not available via telephone.
Changes from Previous Offering
There are minor changes from the offering of this unit in S1 2021.
Because 4 October 2021 (Monday) is a public holiday, the topics for Week 9 have been moved to be included in Weeks 8 & 10.
The Online Quiz will be held during the session in Week 6.
The Written Assignment will be due by the end of class on 18 October 2021 (Week 11)
The Online Final Exam will be during the scheduled time University Examination Period.
Late Submission of Assessment
Late Submission(s): Where the assessment is to be submitted through Turnitin, the late assessment must also, where applicable, be submitted through Turnitin. No extensions will be granted. There will be a deduction of 10% of the total available marks made from the total awarded mark for each 24 hour period or part thereof that the submission is late (for example, 25 hours late in submission incurs a 20% penalty). Late submissions will not be accepted after solutions have been discussed and/or made available. This penalty does not apply for cases in which an application for Special Consideration is made and approved. Note: applications for Special Consideration Policy must be made within 5 (five) business days of the due date and time.