LLH305 Corporate Law


To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.


Unit Outline: Semester 2 2021, Gardens Point, Internal

Unit code:LLH305
Credit points:12
Pre-requisite:(LLB204 and LLH201) or LWB244
Anti-requisite:LWB334
Coordinators:Anne Matthew | a.matthew@qut.edu.au
Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of the teaching period.

Overview

Corporate Law is designed to provide you with knowledge and understanding of the key legal principles and policy issues relevant to registered companies. This unit is a compulsory area of study in the law degree and is required for admission as a legal practitioner.

Learning Outcomes

On successful completion of this unit you will be able to:

  1. Critically analyse complex corporate problems by synthesising the law and policy and constructing arguments for their resolution (CLOs 1.1, 2.1, 2.3)
  2. Interpret and explain relevant provisions of corporate legislation and identify the various contexts in which the law operates (CLOs 1.1, 1.4)
  3. Use legal research methodologies to identify and evaluate relevant sources and complete a legal research task (CLOs 3.1, 3.2, 3.3)
  4. Apply appropriate writing conventions to communicate legal reasoning effectively (CLO 4.1)

Content

The content of this unit includes:

• The context of Australian corporations law
• The incorporation process
• The corporate constitution
• Corporate personality
• Administration of companies and management of the business of companies
• Duties and liabilities of directors and officers
• Companies’ dealing with outsiders
• Members’ remedies
• Basic principles of corporate funding, and
• Winding up of corporations.

Learning Approaches

This honours unit employs real world learning through an authentic scenario-based approach to analysing and solving legal problems.

This unit adopts a blended and collaborative approach to learning and development of your understanding of corporate law, critical thinking skills and professional judgment. It involves an online, self-led learning practice and interactive tutorials where you will learn from experts and your peers. Prior to tutorials, you will be supported and engaged in this unit through the delivery of weekly snapshots of unit material, podcasts delivered by experts, interactive quizzes and formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.

Your participation in this unit will include:

  • Engagement with online materials, including podcasts, self-paced activities and readings that will provide you with an understanding of each topic.
  • Participation in tutorials that allow you to develop and practice your legal-problem solving skills, including statutory interpretation, communication, and legal research.
  • Collaboration with peers to network and share your emerging understanding of the unit content.

Feedback on Learning and Assessment

You are provided with feedback to assist with your learning throughout the semester. The feedback is provided through:

  • Interaction with the tutor and other students during discussions in the interactive tutorials.
  • Self-paced learning activities that enable you to test your understanding of the unit content and concepts.
  • An online community platform.
  • The individual and generic feedback provided on the unit's assessment items.
  • Examples of past student assessment to facilitate self-reflection.
  • The option of consultation with members of the teaching team.

Assessment

Overview

In this unit you are graded on a scale of one to seven.

Unit Grading Scheme

7- point scale

Assessment Tasks

Assessment: Barrister's opinion

Acting in the role of a barrister, you will analyse a brief to counsel regarding a legal problem, research relevant legal sources and authorities, and write a barrister's opinion that
critiques competing approaches to resolving the legal issue and constructs an argument.

Weight: 50
Length: 2500 words
Individual/Group: Individual
Due (indicative): Week 9
Related Unit learning outcomes: 1, 2, 3, 4

Assessment: Examination

The end-of-semester examination (open book) will assess your knowledge and understanding of the topics of the unit and will consist of problems that assess your ability to analyse fact situations, extract relevant legal issues and argue the application of the law to the facts to reach a conclusion. The exam may cover all topics of the unit.

Weight: 50
Individual/Group: Individual
Due (indicative): During central examination period
Related Unit learning outcomes: 1, 2, 4

Academic Integrity

Academic integrity is a commitment to undertaking academic work and assessment in a manner that is ethical, fair, honest, respectful and accountable.

The Academic Integrity Policy sets out the range of conduct that can be a failure to maintain the standards of academic integrity. This includes, cheating in exams, plagiarism, self-plagiarism, collusion and contract cheating. It also includes providing fraudulent or altered documentation in support of an academic concession application, for example an assignment extension or a deferred exam.

You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.

Breaching QUT’s Academic Integrity Policy or engaging in conduct that may defeat or compromise the purpose of assessment can lead to a finding of student misconduct (Code of Conduct – Student) and result in the imposition of penalties under the Management of Student Misconduct Policy, ranging from a grade reduction to exclusion from QUT.

Resources

Resource Materials

Prescribed text(s)

A Hargovan, C Brown and M Adams, Australian Corporate Law (LexisNexis Butterworths, 7th ed, 2020)
Corporations Act 2001 (Cth)

Recommended text(s)

P Lipton, A Herzberg and M Welsh, Understanding Company Law (Lawbook Co, 20th ed, 2019)

Risk Assessment Statement

There are no unusual risks in this unit.

Course Learning Outcomes

This unit is designed to support your development of the following course/study area learning outcomes.

LW36 Bachelor of Laws (Honours)

  1. The essential principles and doctrines of Australian law and the Australian legal system
    Relates to: ULO1, ULO2, Barrister's opinion, Examination
  2. The application, operation and evolution of law in diverse and changing contexts
    Relates to: ULO2, Barrister's opinion, Examination
  3. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
    Relates to: ULO1, Barrister's opinion, Examination
  4. Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
    Relates to: ULO1, Barrister's opinion, Examination
  5. Selecting and using contemporary technologies to effectively search, organise and use information
    Relates to: ULO3, Barrister's opinion
  6. Selecting and applying appropriate research methods
    Relates to: ULO3, Barrister's opinion
  7. Planning and executing a research project and presenting findings and recommendations
    Relates to: ULO3, Barrister's opinion
  8. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
    Relates to: ULO4, Barrister's opinion

LW37 Bachelor of Laws (Honours) (Graduate Entry)

  1. The essential principles and doctrines of Australian law and the Australian legal system
    Relates to: ULO1, ULO2, Barrister's opinion, Examination
  2. The application, operation and evolution of law in diverse and changing contexts
    Relates to: ULO2, Barrister's opinion, Examination
  3. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
    Relates to: ULO1, Barrister's opinion, Examination
  4. Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
    Relates to: ULO1, Barrister's opinion, Examination
  5. Selecting and using contemporary technologies to effectively search, organise and use information
    Relates to: ULO3, Barrister's opinion
  6. Selecting and applying appropriate research methods
    Relates to: ULO3, Barrister's opinion
  7. Planning and executing a research project and presenting findings and recommendations
    Relates to: ULO3, Barrister's opinion
  8. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
    Relates to: ULO4, Barrister's opinion