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. 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 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. Contemporary developments in Company Law are considered in this light, and the implications of these developments for professional practice are explored.
- Semester 1 - 2017
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 other popular business forms in Australia, 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 generate appropriate legal and practical responses to those issues
4. Conduct high-level research, into primary legal sources (case-law and/or legislation) and apply that research to provide critical analysis of legal problems.
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.
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
- Comparing different legal structures for operating a business
- 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
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.
LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A, LAWS2003B, LAWS3004A, LAWS3004B, LAWS4010 and LAWS4011
In Term Test: In-class Exam
Essay: Research Essay *
In Term Test: In-Class Multiple Choice Tests
Quiz: Online Quizzes
* This assessment has a compulsory requirement.
In order to pass this course, each student must complete ALL of the following compulsory requirements:
Course Assessment Requirements:
- Essay: Pass Requirement - Students must pass this assessment item to pass the course. - Irrespective of a student's mark in the course, if a student has achieved overall marks greater than 50% in the course but has failed to satisfactorily complete the compulsory course component then a zero mark and fail grade (FF) will be recorded on their transcript.
Online 2 hour(s) per Week for Full Term
Blended learning module for two hour equivalent per week for the full term (in addition to set reading).
Face to Face On Campus 2 hour(s) per Week for Full Term