Students

ACCG2051 – Business and Corporations Law

2022 – Session 2, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff
Monica Rouvellas
Cissy Zhan
Credit points Credit points
10
Prerequisites Prerequisites
50cp at 1000 level or above
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description

This unit introduces students to the Australian legal system, including contract law, and focuses on corporate law and regulation. The relationship between the law and the role of accounting and business professionals is an underlying theme and students are encouraged to develop critical thinking skills as they analyse and evaluate legal issues in a commercial context. The unit will provide students with perspectives on a range of commercially important legal issues such as forming a business, management responsibilities, investor/shareholder protection, and insolvency. Topics include contract law, agency, partnerships, characteristics of companies, director's duties, rights of shareholders, voluntary administration, and liquidation. At the conclusion of the unit students will be aware of legal regulation applicable to different types of business organisations, particularly companies, and be able to identify and evaluate a range of corporate legal issues.

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: Identify the features of the Australian legal system including the law of contract and distinguish business organisations based on their legal characteristics.
  • ULO2: Explain how companies are formed, differentiate between types of companies, and analyse and evaluate the role and obligations of directors.
  • ULO3: Examine how shareholders rights are protected and how the Corporations Act regulates acquisition and disposal of shares.
  • ULO4: Analyse insolvency mechanisms and issues, and critically assess corporate insolvency in the current regulatory environment.
  • ULO5: Apply data protection and privacy regulations when using or sharing data and information in the business environment.

General Assessment Information

Participation Assessment

 

Weight: 20%

Due date: You are expected to attend and contribute to all tutorial seminars until the end of Week 13

Submission type: Attend and contribute to tutorial seminars

Estimated student workload: 20 hours

Task Overview: This assessment mark consists of the following types of participation:

  • 3 minute YouTube Video on an assigned topic
  • In-class tutorial debate
  • Peer-review of in-class activities
  • Attendance

Preparation/Instructions: Read and complete necessary tasks prior to the tutorial. 3-minute videos are to be submitted prior to the start of the tutorial. 

Penalties: If students do not attend and contribute to any tutorials, 0 (zero) marks are awarded for this assessment.

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.

 

 

Media Assignment

Weight: 20%

Due date: Week 8,  Friday September 30th, 11.59pm 

Submission type: via Turnitin

Estimated student workload: 20 hours

Task Overview:   In this assessment, you will be analysing a current contemporary issue that relates to an aspect (topic, area, issue) of the material covered in the unit from Lecture 4 onwards. You will be required to complete a 1000-word WRITTEN ANALYSIS on a contemporary issue. Consult the Assessment Tab (Assessment Table) for the easy question.

 

Late Assessment Submission Penalty  

Unless an application for Special Consideration has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a grade of ‘0’ will be awarded even if the assessment is submitted.

 

Final Examination

Assessment Type 1: Examination

Indicative Time on Task 2: 40 hours

Due: University Exam Period

Weighting: 60%

 

A two- hour open book final examination for this unit will be held during the University Examination period.

On successful completion you will be able to:

  • Identify the features of the Australian legal system including the law of contract and distinguish business organisations based on their legal characteristics.
  • Explain how companies are formed, differentiate between types of companies, and analyse and evaluate the role and obligations of directors.
  • Examine how shareholders rights are protected and how the Corporations Act regulates acquisition and disposal of shares.
  • Analyse insolvency mechanisms and issues, and critically assess corporate insolvency in the current regulatory environment.
  • Explain how data protection and privacy regulations are applied within organisations when collecting, storing, accessing and using data and information.

 

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

Assessment Tasks

Name Weighting Hurdle Due
Media Assignment 20% No Friday Week 8, 11.59pm
Tutorial Participation 20% No Weekly in-class
Final Examination 60% No University Exam Period

Media Assignment

Assessment Type 1: Qualitative analysis task
Indicative Time on Task 2: 20 hours
Due: Friday Week 8, 11.59pm
Weighting: 20%

 

This assessment involves a 1000 word written analysis of a current Australian newspaper/media article that relates to an aspect (topic, area, issue) of the material covered in the unit from Lecture 4 forward.

 


On successful completion you will be able to:
  • Identify the features of the Australian legal system including the law of contract and distinguish business organisations based on their legal characteristics.
  • Explain how companies are formed, differentiate between types of companies, and analyse and evaluate the role and obligations of directors.

Tutorial Participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 20 hours
Due: Weekly in-class
Weighting: 20%

 

Tutorial (online) includes responses to written tutorial questions, answering questions, asking questions and engaging with other students and tutor and following tutorial discussion.

 


On successful completion you will be able to:
  • Identify the features of the Australian legal system including the law of contract and distinguish business organisations based on their legal characteristics.
  • Explain how companies are formed, differentiate between types of companies, and analyse and evaluate the role and obligations of directors.
  • Examine how shareholders rights are protected and how the Corporations Act regulates acquisition and disposal of shares.
  • Analyse insolvency mechanisms and issues, and critically assess corporate insolvency in the current regulatory environment.
  • Apply data protection and privacy regulations when using or sharing data and information in the business environment.

Final Examination

Assessment Type 1: Examination
Indicative Time on Task 2: 40 hours
Due: University Exam Period
Weighting: 60%

 

A two-hour online examination will be held during the University Examination Period.

 


On successful completion you will be able to:
  • Identify the features of the Australian legal system including the law of contract and distinguish business organisations based on their legal characteristics.
  • Explain how companies are formed, differentiate between types of companies, and analyse and evaluate the role and obligations of directors.
  • Examine how shareholders rights are protected and how the Corporations Act regulates acquisition and disposal of shares.
  • Analyse insolvency mechanisms and issues, and critically assess corporate insolvency in the current regulatory environment.
  • Apply data protection and privacy regulations when using or sharing data and information in the business 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 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

Classes will progress through the various Lecture Areas referred to in this Unit Guide. There may be some reorganisation, overlapping, and/or integration of areas to accommodate assessment, holiday scheduling, unit structure, delivery or class management. 

The timetable for classes can be found on the University web site at: http://www.timetables.mq.edu.au/

Required Text: Quilter, Company Law Perspectives, 4th ed. 2020, Thomson Reuters (Lawbook Co.) – [referred to as CLP 4th ed

CLP 4th ed will be available in the Macquarie University library. It can be can be purchased from the publishers Thomson Reuters via their website https://legal.thomsonreuters.com.au/student/university/macquarie/

LexisNexis practical guidance. Cybersecurity, data protection & privacy. (n.d.). Chatswood, N.S.W: LexisNexis. This accessible online through the Macquarie University Library: https://multisearch.mq.edu.au/permalink/61MACQUARIE_INST/1c87tk9/alma99244638810102171 

The following is not required but may be useful: Lipton, Herzberg and Welsh, Understanding Company Law, Thomson Reuters (Lawbook Co.). 

After considering the Australian legal framework, tort law and contract law, the unit will focus on corporate issues and the relevance and effect of the Corporations Act. Note that certain relevant sections of the Corporations Act are set out in CLP 4th ed. Statutes may be viewed in full at www.austlii.edu.au

Useful websites

Useful databases

Students should be ready to allocate at least 150 hours during the session (in total) to ACCG2051. This includes all classes, assessment, personal study and other learning activities.

Technology Used and Required: 

Technology: 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 (if any), announcements and detailed information regarding the Unit.

Unit Schedule

Unit Schedule

Note that Lectures start in Week 1 and Tutorials start in Week 2

The Unit is divided into 5 integrated areasAll of these areas are important to an understanding of the commercial and corporate issues that have a relationship to the role and responsibilities of accounting and business professionals.

Legal system and core legal and commercial concepts

Relevance for accounting and business professionals: Exposure to basic rights and commercial responsibilities to inform both personal transactions and professional advice to clients; employment relations; duty of care in the delivery of services; objectivity in assessment of performance; privacy and data collection, basic business organisation and structure.

 

Business Organisations and the Corporate Framework

Relevance for accounting and business professionals: Informed as to the choice of profit-making structure; the importance of exposure and extent of business failure and personal liability; understanding key business advice and strategy; entrepreneurial interrelationships; knowledge of role and functions of the corporate regulator.

 

Corporate management and governance responsibilities

Relevance for accounting and business professionals: Developing the ability to advise corporate clients, including individual directors and other managers; relevant foundation knowledge for personal future entrepreneurship; the importance of financial and ethical obligations and downsides of failure; recognising the relationship between company directors and accounting professionals; becoming alert to problems of financial oversight.

 

Shareholders and the corporate market

Relevance for accounting and business professionals: Ability to advise clients on the nature of the corporate marketplace; foundation information for providing professional investment advice to clients; awareness of key issues in company meetings; grounding for professional advisory role and introduction to current market issues in the acquisition and disposal of shares; introduction to shareholder equity issues including protection of rights.

 

Insolvency and Restructuring

Relevance for accounting and business professionals: Exposure to key accounting and business issues in insolvency practice and the place of insolvency practitioners in the accounting and legal professions; understanding important signs and warnings of insolvency for both personal and business advisory use; being alert to insolvency options; understand legal alternatives and advise companies and their directors on effective insolvency planning and remedial action; and takeovers.

Week  

Topic              

1

 

Introduction to the Legal System, Intentional Torts

CLP Chpts 1

2

 

Negligence and Privacy and Data Protection

CLP Chpt 3, 4, LexisNexis practical guidance. Cybersecurity, data protection & privacy. (n.d.). Chatswood, N.S.W: LexisNexis. This accessible online through the Macquarie University Library: https://multisearch.mq.edu.au/permalink/61MACQUARIE_INST/1c87tk9/alma99244638810102171 

3

 

Contracts 1

CLP Chpts 2, 10

4

 

Contracts 2

CLP Chpts 2, 10, 12

5

 

Consumer Protection and Business Structures

CLP Chpts 34, 5, 7

6

 

Intro to company law and registration, directors and management

CLP Chpts 8, 9, 18

7

 

Directors Duties and Remedies for Breaches

CLP Chpts 19, 20, 21

8

 

Financial Reporting, Auditing, Share Capital, and Dividends

CLP Chpts 13, 14, 15, 16, 22, 23, 24

9

 

Members' Rights and Members' Meetings

CLP Chpts 25, 26

10

 

Takeovers

CLP Chpts 27, 28

11

 

Intro to Corporate insolvency, Receivership

CLP Chpts 29, 30, 32

12

 

Voluntary Administration and Liquidation

CLP Chpts 31, 33

 

13

 

Summary and Revision for final exam

 

Tutorial Schedule

Week  

Topic              

2

 

Introduction to the Legal System, Intentional Torts

3

 

Negligence and Privacy and Data Protection

4

 

Contracts 1

5

 

Contracts 2

6

 

Consumer Protection and Business Structures

7

 

Intro to company law and registration, directors and management

8

 

Directors Duties and Remedies for Breaches

9

 

Financial Reporting, Auditing, Share Capital and Dividends

 

10

 

Members' Rights and Members' Meetings

11

 

Takeovers

 

12

 

Intro to Corporate insolvency, Receivership

13

 

Voluntary Administration and Liquidation

 

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.

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

Academic Integrity

At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

The Writing Centre

The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.

The Library provides online and face to face support to help you find and use relevant information resources. 

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via AskMQ, or contact Service Connect.

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.


Unit information based on version 2022.05 of the Handbook