CORPORATIONS LAW
LAW5CPL
2017
Credit points: 15
Subject outline
In LAW5CPL Company Law students are introduced to the main concepts, principles and rules of modern partnership, corporations and securities law. The scope of this area of law is wide, and statutes (the Partnership Act 1958 (Vic), Corporations Act 2001 (Cth)) dominate. This subject also situates the law contextually and emphasises the practical operation of the law in its social setting. Topics include choice of business entity, partnership law, the social, constitutional and administrative context of the Corporations Act, the external aspect of companies including registration and its effects and various methods of financing (including equity and debt), corporate governance, and external administration. This subject meets the requirements of the Council of Legal Education for admission to practice in Victoria in the area of Company Law. There is particular focus on the ethical dimension of firm behaviour, logical (even mathematical) reasoning, and modalities of writing.
School: La Trobe Law School
Credit points: 15
Subject Co-ordinator: David Wishart
Available to Study Abroad Students: Yes
Subject year level: Year Level 5 - Masters
Exchange Students: Yes
Subject particulars
Subject rules
Prerequisites: Must have completed LAW5PMI, and (LAW5CSL or LAW5SIN) and (LAW5CNA or LAW5CNB) and LAW5FPR
Co-requisites: N/A
Incompatible subjects: N/A
Equivalent subjects: N/A
Special conditions: Must be admitted to the JD degree or have permission from Law Director of Programs
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Discipline Specific | Corporations Legislation | Prescribed | Commonwealth Parliament, 2001-date | Various |
| Discipline Specific | Partnership Act 1958 (Vic) | Prescribed | Victorian Parliament, 1958-date. | Government |
| Discipline Specific | Various cases | Recommended | Courts | Various |
| Discipline Specific | Ford's Principles of Corporations Law | Recommended | Various, upated regularly | LexisNexis |
| Discipline Specific | Australian Company Law Commentary | Recommended | Various, upated regularly | CCH online |
| Readings | Various | Recommended | Various | Various |
Graduate capabilities & intended learning outcomes
01. Weigh up and choose the most appropriate legal form of business in particular business situations.
- Activities:
- Questions as set. Seminar discussion and in-class problem solving.
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing,Cultural Literacy)
- Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
- Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)
02. Apply knowledge of company law and the law of partnership for the purpose of analysing complex legal problems and providing indications of probable outcomes and/or processes and procedures to be followed.
- Activities:
- Questions as set. Seminar discussion and in-class problem solving.
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing,Cultural Literacy)
- Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
- Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)
03. Identify and analyse ethical and policy considerations and other conceptual factors as they apply to partnership and company law.
- Activities:
- Questions as set. Seminar discussion and in-class activities
- Related graduate capabilities and elements:
- Literacies and Communication Skills(Writing,Cultural Literacy)
- Literacies and Communication Skills(Writing,Cultural Literacy)
- Inquiry and Analytical Skills(Creative Problem-solving,Inquiry/Research)
- Discipline -Specific Knowledge and Skills(Discipline-Specific Knowledge and Skills)
City Campus, 2017, Semester 2, Blended
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: David Wishart
Class requirements
SeminarWeek: 31 - 43
One 2.0 hours seminar per week on weekdays at night from week 31 to week 43 and delivered via face-to-face.
WorkShopWeek: 31 - 43
Two 4.0 hours workshop per study period on weekends during the day from week 31 to week 43 and delivered via face-to-face.
LectureWeek: 31 - 43
Twenty six 1.0 hours lecture per study period on any day including weekend at night from week 31 to week 43 and delivered via online.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| Multiple Choice tests | 10x8 question tests worth 2 marks each, due every week, weeks 3-12. They are designed to ensure students have the detailed and in-depth discipline and subject specific knowledge to undertake in-seminar activities. | 20 | 01, 02 |
| 1500 word essay | This essay is designed to allow students the space to explore the ethical and contextual dimensions of the subject at the same time as ensuring the retention of a critical moral sense. | 20 | 02, 03 |
| Presentation and Blog entry. | This blog is to ensure students explore how the subject matter relates to everyday life and thus enhances the contextual analysis and critical integration of discipline and subject specific knowledge | 10 | 01, 02, 03 |
| Examination | Three hours, only processes and problems tested; students must achieve a non-trivial score | 50 | 01, 02 |