Company Law

Course code LAWS4005
Available in 2015
2015 Course Timetables


This course provides students with an integrated understanding of the body of legal rules which 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. The rules regulating other business structures, including partnerships, are also considered.

In addition to detailed knowledge of this complex area of law, this course also provides students with an understanding of the principles and assumptions which 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. Contemporary developments in Company Law are considered in this light, and the implications of these developments for professional practice are explored.



  • Semester 2 - 2015

Learning Outcomes

1. Explain the key aspects of the body of legal rules which regulate companies and other popular business forms in Australia, and contemporary developments in relation to this body of rules.

2. Describe the theoretical assumptions which 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 which 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 generate appropriate legal and practical responses to those issues

4. Conduct research into legal and policy issues relevant to one or more of the topics covered in the course.

5. Critically assess legal and policy analysis in academic journals and other secondary sources regarding the legal rules which 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.

7. Communicate (both verbally and in writing) arguments relating to the application of the rules governing corporations in ways that are effective, appropriate and persuasive for legal and non-legal audiences


The following topics will be covered in the course:

  • Corporations, markets, lawyers and power
  • Partnership
  • Comparing different legal structures for operating a business
  • The process of incorporation, corporate personality and piercing the corporate veil
  • Governing the corporation
  • Meetings
  • Duties of directors and officers: Duty of care, skill and diligence and the duty of good faith
  • Corporate finance
  • External Administration
  • Binding the corporation in contract
  • Members remedies


This course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or Bachelor of Laws (Honours) and associated combined degree programs.

Assumed Knowledge

LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A, LAWS2003B, LAWS3004A, LAWS3004B, LAWS4010 and LAWS4011

Assessment Items

Presentation: Seminar Participation

Formal Examination: Formal Exam

Essay: Research Essay

In Term Test: In-Class Multiple Choice Examination

Contact Hours



Face to Face On Campus 2 hour(s) per Week for Full Term


Face to Face On Campus 2 hour(s) per Week for Full Term