LAWS4005
10 units
4000 level
Course handbook
Description
This course provides students with an integrated understanding of the body of legal rules that regulate companies in Australia. Topics covered include the management and control of companies; the process by which companies transact; and the process by which companies are both initiated and brought to an end. Detailed consideration is also given to the notion of corporate personality; the means by which companies can be financed; and the rights of creditors, shareholders and other stakeholders.
In addition to detailed knowledge of this complex area of law, this course also provides students with an understanding of the principles and assumptions that underlie the way companies are regulated in Australia; the social and economic implications of this approach to corporate regulation; and the potential implications of challenging these theoretical assumptions. For example, the course explores debates regarding the extent to which corporate law influences the impact companies have on economic development, human rights, social justice and environmental issues such as climate change.
Availability2024 Course Timetables
Newcastle City Precinct
- Semester 2 - 2024
Learning outcomes
On successful completion of the course students will be able to:
1. Explain the key aspects of the body of legal rules that regulate companies and contemporary developments in relation to this body of rules.
2. Describe the theoretical assumptions that underlie the way companies are regulated in Australia and the way changes to those assumptions might result in law reform.
3. Identify and articulate complex legal issues that arise in business practice and demonstrate advanced analysis of statutory provisions and case-law; sophisticated legal reasoning; and well-developed skills in creative thinking to identify appropriate legal and practical responses to those issues
4. Interpret and critically analyse statutory provisions, including alternatives to the existing provisions.
5. Critically assess legal and policy analysis in academic journals and other secondary sources regarding the legal rules that regulate corporations.
6. Synthesise your critical assessment of the information and analysis found in relevant sources in order to interpret, critique and justify propositions about legal and policy issues relevant to the rules governing corporations.
Content
The following topics will be covered in the course:
- Corporations, markets, lawyers and power
- The process of incorporation, corporate personality and piercing the corporate veil
- Governing the corporation
- Duties of directors and officers
- Corporate finance
- External administration
- Binding the corporation in contract
- Members remedies
Requisite
This course is only available to students enrolled in the programs:
[12340] Bachelor of Arts/Bachelor of Laws (Honours)
[12341] Bachelor of Social Science/Bachelor of Laws (Honours)
[12342] Bachelor of Communication/Bachelor of Laws (Honours)
[12343] Bachelor of Aboriginal Professional Practice/Bachelor of Laws(Honours)
[12346] Bachelor of Science/Bachelor of Laws (Honours)
[12347] Bachelor of Laws (Honours)/Diploma of Legal Practice
[12348] Bachelor of Laws (Honours)
[40036] Bachelor of Business/Bachelor of Laws (Honours)
[40037] Bachelor of Commerce/Bachelor of Laws (Honours)
[40129] Bachelor of Innovation and Entrepreneurship/Bachelor of Laws (Honours)
[40130] Bachelor of Development Studies/Bachelor of Laws (Honours)
[40150] Bachelor of Arts/Bachelor of Laws (Honours)
[40188] Bachelor of Global Indigenous Studies/Bachelor of Laws (Honours)
[40189] Bachelor of Science/Bachelor of Laws (Honours)
[40272] Bachelor of Criminology/Bachelor of Laws (Honours)
[40279] Bachelor of Coastal and Marine Science/Bachelor of Laws (Honours)
[40280] Bachelor of Biomedicine/Bachelor of Laws (Honours)
[40290] Bachelor of Psychological Science/Bachelor of Laws (Honours)
[50005] Bachelor of Media and Communication/Bachelor of Laws (Honours)
Assumed knowledge
LAWS1010, LAWS1011, LAWS1020, LAWS1021, LAWS2030, LAWS3040, LAWS3041, LAWS4010 and LAWS4011.
Assessment items
In Term Test: Online Multiple-Choice Test
Essay: Essay
Compulsory Requirement: Pass requirement - Must pass this assessment item to pass the course.
3 hr Formal Examination: Formal Examination
Contact hours
Semester 2 - 2024 - Newcastle City Precinct
Self-Directed Learning-1
- Self-Directed 2 hour(s) per week(s) for 13 week(s) starting in week 1
- Blended learning module for two hour equivalent per week for the full term (in addition to set reading).
Seminar-1
- Face to Face On Campus 2 hour(s) per week(s) for 13 week(s) starting in week 1
Course outline
Course outline not yet available.
The University of Newcastle acknowledges the traditional custodians of the lands within our footprint areas: Awabakal, Darkinjung, Biripai, Worimi, Wonnarua, and Eora Nations. We also pay respect to the wisdom of our Elders past and present.