Credit Points 10

Legacy Code 200433

Coordinator John Chellew Opens in new window

Description This unit mainly deals with legal issues concerning various aspects of companies: incorporation, regulation, membership and capital, company management, corporate officers, meetings, relations of the company with outsiders, accounts, reports and other disclosures, arrangements and reconstruction, receivers and winding up, and share acquisition and takeovers. It also considers public policy issues underlying the law in the above areas. Other forms of business organisation, such as partnership, trusts and sole traders, are also dealt with.

School Law

Discipline Business and Commercial Law

Student Contribution Band HECS Band 4 10cp

Level Postgraduate Coursework Level 7 subject

Pre-requisite(s) LAWS 7009

Equivalent Subjects LGYA 8939 - Company Law (PG)

Restrictions

Students must be enrolled in a postgraduate Business program or in program 3748 Master of Information Governance. Students wishing to take this subject as an elective need approval from the Academic program Advisor.

Learning Outcomes

On successful completion of this subject, students should be able to:

1. Recognise the basic principles of company law.
2. Describe the practical operation of a scheme of corporate regulation in the Australian federal system.
3. Recognise how the statutory regime of corporate regulation intersects with common law and equitable developments.
4. Appraise some of the criticisms of current corporate law in the wider context, for example globalisation, and also be familiar with public policy issues in this area.
5. Apply his or her understanding of company law concepts to analysing and solving practical problems.

Subject Content

1. Various forms of business organisations.
2. Company as a form of business organisation - evolution, types, sources of law, regulatory framework.
3. Registration of a company, pre-registration activities.
4. Dealings with outsiders and liability.
5. Internal management rules, management of a company - Board of Directors and general meeting.
6. Duties of Directors and consequences of breach of duty.
7. Shareholder remedies.
8. Capital and fundraising.
9. Record keeping, disclosures and audit.
10. External administration - receivership, administration and winding up.