LAW00004 Company Law 公司法 scu assignment 代写
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LAW00004 Company Law 公司法 scu assignment 代写
LAW00004
Company Law
Unit Information Guide
Session 2, 2017
scu.edu.au/law
CRICOS Provider: 01241G
Contents
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 About this unit
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Content
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Graduate attributes and unit learning outcomes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Learning resources
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Prescribed texts and materials
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Studying this unit
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Teaching and learning arrangements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Estimated workload
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Scheduled Study Hours
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Assessment
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Assessment overview
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Assessment details
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Assessment 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Assessment 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Timetables
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Suggested study timetable
2 | LAW00004 Company Law (Session 2, 2017)
About this unit
Provides the opportunity to research and analyse the legal and regulatory framework
governing partnerships and companies in the Australian context. Key legal principles will be
explored with particular reference to such topics as the development of company and
partnership law, types of companies, rights of members, responsibilities and duties of company
officers, takeovers, and corporate insolvency.
Content
Topic 1 Partnership
Topic 2 The Australian Constitution and corporate law and the administration of corporate
law
Topic 3 The creation of a company: Types of companies, promotion, formation and the
company's constitution
Topic 4 The capacity of the company and its agents and the rights of its members
Topic 5 Management
Topic 6 Financing and corporation
Topic 7 Takeovers
Topic 8 External administration
Graduate attributes and unit learning outcomes
As a graduate of Southern Cross University, you will have developed skills, values and attitudes
that are essential for gaining employment and advancing lifelong learning. The University
refers to these as graduate attributes (http://policies.scu.edu.au/view.current.php?id=00091#s3)
and identifies them as follows:
GA1 Intellectual rigour, GA2 Creativity, GA3 Ethical practice, GA4 Knowledge of a discipline,
GA5 Lifelong learning, GA6 Communication and social skills, GA7 Cultural competence.
This unit will assist students to develop the following graduate attributes (shown below as they
relate to this unit's learning outcomes):
Learning outcomes for this unit GA1 GA2 GA3 GA4 GA5 GA6 GA7
On completion of this unit, students should be able to:
1. demonstrate an understanding of the
underlying themes and issues and the
key legal principles relating to
partnership law and/or corporate law
✓
2. demonstrate the capacity to apply legal
reasoning and research to generate
appropriate responses to legal problems
in the partnership and/or corporate law
contexts
✓ ✓
3. demonstrate the capacity to apply critical
judgment including analysis, reasoning,
and appropriate directed research to
partnership and/or corporate law topics
✓ ✓ ✓
About this unit | 3
Learning outcomes for this unit GA1 GA2 GA3 GA4 GA5 GA6 GA7
4. demonstrate an ability to learn and work
independently within broad parameters
as defined by the assessment
requirements. Included here is the
capacity to find, access, manage and
evaluate sources of information relevant
to partnership and corporate legal issues
✓
5. demonstrate the capacity to
communicate appropriately and
effectively, expressed in well-written,
clear and logical language that is
supported with appropriate references.
✓ ✓ ✓
LAW00004 Company Law 公司法 scu assignment 代写
4 | LAW00004 Company Law (Session 2, 2017)
Learning resources
The referencing style used below is Harvard. PLEASE NOTE that you may need to use a
different style for this unit. Refer to Referencing guides (http://scu.edu.au/library/index.php/
14) for information about the referencing style you should use.
Prescribed texts and materials
Prescribed texts
Prescribed textbook(s) and/or other resources which students must acquire or to which they
must have regular and reliable access: Yogaratnam J and Xynas L 2016, Corporations Law in
Principle, 10th edn, Thomson Reuters, Sydney, NSW. ISBN: 978-0-455-237961.
Prescribed textbook(s) and/or other resources which students must acquire or to which they
must have regular and reliable access: Thomson Reuters 2017, Corporations Legislation,
Includes key section annotations, Thomson Reuters. ISBN: 9780455500102.
There are compulsory readings and a Study Guide for this unit. See MySCU
(http://learn.scu.edu.au) for details.
Learning resources | 5
Studying this unit
The first step in managing your study for this unit is to familiarise yourself with this document
and the MySCU (http://learn.scu.edu.au) Learning Site. You should refer frequently to the
MySCU Learning Site for announcements and updates.
Teaching and learning arrangements
Estimated workload
Scheduled hours Personal study Total
35 115 150
Your scheduled study hours are allocated as follows:
Lismore
Teaching method Duration Frequency
Lecture on-site 2 hours 12 weeks
Tutorial on-site 1 hour 11 weeks
Gold Coast
Teaching method Duration Frequency
Lecture on-site 2 hours 12 weeks
Tutorial on-site 1 hour 11 weeks
Coffs Harbour
Teaching method Duration Frequency
Lecture on-site 2 hours 12 weeks
Tutorial on-site 4 hour 3 weeks
Distance Education
Teaching method Duration Frequency
Lecture online 2 hours 12 weeks
Tutorial online 1 hour 11 weeks
SCU Sydney
Teaching method Duration Frequency
Lecture on-site 2 hour 12 weeks
Tutorial on-site 1 hours 11 weeks
6 | LAW00004 Company Law (Session 2, 2017)
SCU Melbourne
Teaching method Duration Frequency
Lecture on-site 2 hour 12 weeks
Tutorial on-site 1 hours 11 weeks
Studying this unit | 7
Assessment
Assessment overview
This is a graded unit and grades are awarded as detailed in Rule 3.8 of the University's Rules
Relating to Awards. To achieve a passing grade in the unit all assessment tasks must be
submitted and an overall mark of 50% or more must be obtained.
1. One of the objectives of this unit is to produce graduates who can present written material
free of grammatical, punctuation and spelling mistakes. Accordingly, your work will be
marked with this objective in mind. Please revise your work carefully to avoid errors in
grammar and spelling.
2. Regarding the research assignment you are advised to read carefully the topic question and
instructions to make sure you are responding to the question or questions set. Also ensure
that you have read any marking criteria provided and that you develop your responses
with reference to those criteria.
3. Your written material must be referenced in accordance with either the Harvard system or
the Australian Guide to Legal Citation (AGLC).
4. All students are required to upload an electronic copy of their assignments only. You are
required to submit your assignment through a web-based text-matching system, called
Turnitin. Read the submission information in your assessment instructions carefully.
5. Penalties are imposed for all forms of academic misconduct. It is a University requirement
that a student’s work complies with the Academic Integrity Policy. It is the student’s
responsibility to be familiar with the Policy. Failure to comply with the Policy can have
severe consequences in the form of University sanctions. For information on this Policy
refer to the Academic Integrity Policy: http://policies.scu.edu.au/
view.current.php?id=00142
6. Plagiarism is committed when a person takes ideas from the literature or from another
student and presents those ideas as his/her own. If you quote the actual words of the
author, then merely to provide a footnote indicating the source of the idea is insufficient.
You must also provide quotation marks, or indent in the case of a lengthy quotation. There
must also be a reference indicating the pinpoint source of the quotation.
7. Do not allow someone else to do your assignments for you. You are the one enrolled in the
award, not your mentor, tutor, husband/wife/partner/best friend. Allowing someone else
to complete your assignments is a form of academic dishonesty for which severe penalties
apply.
8. Always keep a copy of your assignment. The responsibility remains with you to produce a
copy of any submitted assignment in the event that you are requested to do so.
Assessment
Group/
individual
Learning
outcomes
Grading
indicator
Min
Score Weight
Length/
duration Due
Professional
accreditation
1. Research
assignment
Individual 2, 3, 4, 5 Graded N/A 50% 2400
words
04 Sep
2017
11:00 PM
N/A
2. Exam:
open book
Individual 1, 2, 3, 5 Graded N/A 50% 130
minutes
Exam
Period
LAW00004 Company Law 公司法 scu assignment 代写
N/A
8 | LAW00004 Company Law (Session 2, 2017)
Assessment details
Assessment 1: Research assignment
This assessment is for these students only: Coffs Harbour; Distance Education; Gold Coast;
Lismore; SCU Melbourne; SCU Sydney.
Assessment
Group/
individual
Learning
outcomes
Grading
indicator
Min
Score Weight
Length/
duration Due
Professional
accreditation
Research
assignment
Individual 2, 3, 4, 5 Graded N/A 50% 2400
words
04 Sep
2017
11:00 PM
N/A
Precise details of the assignment question will be made available in Week 1 of the teaching
session. The question will be posted on the Blackboard learning site of this unit.
The assignment should contain:
1. an introduction, clearly setting out the broad direction of the assignment, its objectives,
any parameters of the assignment, and perhaps a summary of the arguments;
2. presentation of argument, review of literature and compilation of evidence relevant to the
topic;
3. a conclusion, clearly summarising the arguments or findings;
4. a reference list / bibliography, setting out all the books, articles and other sources you have
referred to in the course of writing the assignment.
5. accurate citation of your sources of information.
Marking criteria
LAW00004 Company Law 公司法 scu assignment 代写
Important information: You are advised to consider the following information carefully
before starting your assignment.
The assignment will be marked according to the following criteria.
Research (40%)
You are expected to demonstrate a comprehensive review of the primary law sources
(legislation, case law) as well as an adequate review of secondary sources (for example journal
articles, case commentary, explanatory memoranda, Law Reform Commission reports and
textbooks. Your research should be used to identify and clearly state the relevant issues and
legal principles and support your analysis.
Analysis (50%)
You are expected to analyse the information gathered and evaluate the relevant legal
principles. You are expected to develop your argument logically through clear analysis and
apply relevant legal principles to the resolution of issue(s). Your analysis should also:
• integrate and evaluate relevant knowledge from the material covered in this unit;
• develop and sustain a concise and convincing legal argument through to a logical
conclusion; and
• importantly, answer the specific question asked.
Technical aspects (10%)
You are expected to:
• correctly reference and acknowledge sources;
• use fluent, clear, concise writing that contains clear expression, correct grammar, syntax,
sentence structure and spelling; and
Assessment | 9
• use headings and subheadings (where appropriate)
• structure – for example use an introduction, body, conclusion and bibliography or
reference section.
Late submission
Subject to special consideration being granted, late assignments will be penalised as follows:
Up to 3 days late – 5% of the maximum possible mark awarded for the assignment
From 4–7 days late – 10% of the maximum possible mark awarded for the assignment
From 8–14 days late – 25% of the maximum possible mark awarded for the assignment
> 14 days late – Not marked
The circumstances under which you may apply for an extension are set out in the Assessment
Rules in the University Student Handbook. See Rule 3 Sections 4 & 5:
http://policies.scu.edu.au/view.current.php?id=00140#s4
Other
The Unit Assessor reserves the right to set an alternative assessment task where for any reason
an assignment has not been handed in within three weeks after the due date.
Normally, assignments submitted on time will be marked and despatched within 3 weeks of
the final date for submission or extension date.
Graded Percentages*
The following scale of grades to percentage applies to this unit:
Grade Marks
High Distinction = or > 85
Distinction 75–84.5
Credit 65–74.5
Pass 50–64.5
Fail Below 50
*Rule 3, Section 11, SCU Rules Relating to Awards: http://policies.scu.edu.au/
view.current.php?id=00140#s11
Grading standards*
Fail: The student’s performance fails to satisfy the learning requirements specified.
Pass: The student’s performance satisfies all of the basic learning requirements specified and
provides a sound basis for proceeding to higher-level studies in the subject area. The student’s
performance could be described as satisfactory or adequate or competent or capable in
relation to the learning requirements specified.
10 | LAW00004 Company Law (Session 2, 2017)
Credit: The student’s performance, in addition to satisfying all of the basic learning
requirements specified, demonstrates insight and ability in researching, analysing and applying
relevant skills and concepts. The student’s performance could be described as better than
satisfactory or adequate or competent or capable in relation to the learning requirements
specified.
Distinction: The student’s performance, in addition to satisfying all of the basic learning
requirements, demonstrates distinctive insight and ability in researching, analysing and
applying relevant skills and concepts, and shows a well-developed ability to synthesise,
integrate and evaluate knowledge. The student’s performance could be described as
distinguished in relation to the learning requirements specified.
High Distinction: The student’s performance, in addition to satisfying all of the basic learning
requirements, demonstrates distinctive insight and ability in researching, analysing and
applying relevant skills and concepts, and shows exceptional ability to synthesise, integrate and
evaluate knowledge. The student’s performance could be described as outstanding in relation
to the learning requirements specified.
*Bird et al Pathways to good practice: a guide to flexible teaching for quality learning, 2nd ed,
SCU 2006.
Assessment 2: Exam: open book
This assessment is for these students only: Coffs Harbour; Distance Education; Gold Coast;
Lismore; SCU Melbourne; SCU Sydney.
Assessment
Group/
individual
Learning
outcomes
Grading
indicator
Min
Score Weight
Length/
duration Due
Professional
accreditation
Exam: open
book
Individual 1, 2, 3, 5 Graded N/A 50% 130
minutes
Exam
Period
N/A
You will be advised of the exam date during the study period. Refer to Examinations
(http://www.scu.edu.au/exams) for more information about exams.
You are permitted to bring the following into the exam room: any written materials; unmarked
(with no highlighting and no added tabs) foreign language translation dictionary (book form
only); silent, non-programmable calculator and unmarked instruction booklet.
You are not permitted to bring the following into the exam room: electronic devices such as
mobile phones, electronic dictionaries and computers.
The final examination is scheduled for the end of the study period. Students will be fully
advised during the study period as to when the exam will be held and the format it will take.
The exam will be open book.
Essay questions
The following general criteria are relevant for essay questions on the exam, though you should
carefully read the question to ascertain its specific emphasis. Normally the marker will be
ascertaining whether the student has:
1. identified and clearly stated the relevant issues;
2. applied relevant legal principles to the resolution of these issues;
3. integrated and evaluated relevant knowledge from the material covered in this unit;
4. developed and sustained a concise and convincing legal argument through to a logical
conclusion;
5. answered the specific question asked in a clear and concise manner.
Assessment | 11
Problem questions
Your answers to the problem questions in the exam will be marked according to the following
criteria. Normally the marker will be ascertaining whether the student has:
1. identified and clearly stated the relevant issues;
2. stated the law/s or general legal principles related to those issues and their sources (case
and/or statute);
3. applied the case or statute law to the facts given in the problem;
4. argued whether or not any relevant precedents apply or whether relevant precedents may
be distinguished, based on the facts given;
5. developed and sustained a concise and convincing legal argument through to a logical
conclusion;
6. answered the specific question asked in a clear and concise manner.
12 | LAW00004 Company Law (Session 2, 2017)
Timetables
Suggested study timetable
Week/
commencing Topic Notes
1
10 Jul 2017
1.1 Partnership Nil Study/Tutorial
Activities for Week 1
2
17 Jul 2017
1.2 Partnership Study/Tutorial Activities
required for Week 2 are
Activities 1.1.1 and 1.1.5.
Please note the activity
questions are found in the
Study Guide
3
24 Jul 2017
2 The Australian Constitution and corporate law and the
administration of corporate law
Study/Tutorial Activities
required for Week 3 are
Activities 1.2.4 and 1.2.6
4
31 Jul 2017
3 The creation of a company. Types of companies, promotion,
formation and the company’s constitution.
Study/Tutorial Activities
required for Week 4 are
Activities 2.1.5 and 2.2.1
5
07 Aug 2017
4.1 The capacity of the company and its agents Study/Tutorial Activities
required for Week 5 are
Activities 3.2.1 and 3.4.1
6
14 Aug 2017
4.2 Members' remedies Study/Tutorial Activity
required for Week 6 is
Activity 4.2
7
21 Aug 2017
- - Study Week
8
28 Aug 2017
5.1 Directors' duties Study/Tutorial Activity
required for Week 8 is
Activity 4.3.2
9
04 Sep 2017
5.2 Management (cont.) Study/Tutorial Activities
for Week 9 are Activities
5.1.4 & 5.1.5. Assignment
due 4 September 2017.
10
11 Sep 2017
6.1 Financing the corporation. Study/Tutorial Activities
required for Week 10 are
Activities 5.2.1 & 5.2.2
11
18 Sep 2017
6
&
8
Topic 6 Financing the corporation. Topic 8.1 Corporate
Insolvency
Study/Tutorial Activities
required for Week 11 are
Activities 6.1.3 and 6.2.3
12
LAW00004 Company Law 公司法 scu assignment 代写
25 Sep 2017
8 Corporate insolvency Study/Tutorial Activities
required for Week 12 are
Activities 6.3.3–6.4.1
13
02 Oct 2017
7 Takeovers Study/Tutorial Activities
required for Week 13 are
Activities 8.1.2 and 8.3.4.
There are no activities
required for Topic 7. This
is the last week of lectures
Timetables | 13
14 | LAW00004 Company Law (Session 2, 2017)
LAW00004 Company Law 公司法 scu assignment 代写