CORPORATIONS LAW

LAW5CPL

2020

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.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorDavid Wishart

Available to Study Abroad StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW5FPR and LAW5PTO

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
Discipline SpecificCorporations LegislationPrescribedCommonwealth Parliament, 2001-dateVarious
Discipline SpecificPartnership Act 1958 (Vic)PrescribedVictorian Parliament, 1958-date.Government
Discipline SpecificFord's Principles of Corporations LawRecommendedVarious, upated regularlyLexisNexis
Discipline SpecificAustralian Company Law CommentaryRecommendedVarious, upated regularlyCCH online

Graduate capabilities & intended learning outcomes

01. Demonstrate critical reflection of the most appropriate legal form of business in particular business situations.

Activities:
After listening and taking notes from comprehensive descriptions of legislative framework, the development of issue-picking algorithms, the analysis of complex legislation into criteria of application, and the isolation of factual determinants of liability all practised in class segmented and time partitioned exercise formats, with group discussion and peer learning opportunities.

02. Analyse complex legal problems using knowledge of company law and provide indications of probable outcomes and/or processes and procedures to be followed.

Activities:
The analysis of given materials related to competition policy from which of criteria of choice for case study selection will be developed, followed by the presentation in a variety of formats of possible choices. Peer review of the critical analysis of policy frameworks deployed in the chosen industries and the development of appropriate annotated bibliographies for utilisation throughout the class in assessments.

03. Identify and analyse ethical and policy considerations and other conceptual factors as they apply to partnership and company law.

Activities:
Compare differing instances of pro-competitive regulation and determine why to what effect they take particular forms.

Subject options

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Start date between: and    Key dates

City Campus, 2020, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorDavid Wishart

Class requirements

Lecture/Seminar Week: 31 - 43
One 2.5 hours lecture/seminar per week on weekdays at night from week 31 to week 43 and delivered via face-to-face.

Unscheduled Online Class Week: 31 - 43
One 6.0 hours unscheduled online class per study period on any day including weekend during the day from week 31 to week 43 and delivered via online.

Assessments

Assessment elementComments% ILO*
Research Essay (1500 words)25 02, 03
Online Group Presentation (1000 words equivalent)15 01, 02, 03
Examination (3000 words equivalent)60 01, 02