Credit points: 15
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
Subject Co-ordinatorDavid Wishart
Available to Study Abroad StudentsYes
Subject year levelYear Level 5 - Masters
Prerequisites LAW5FPR and LAW5PTO
|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||Ford's Principles of Corporations Law||Recommended||Various, upated regularly||LexisNexis|
|Discipline Specific||Australian Company Law Commentary||Recommended||Various, upated regularly||CCH online|
Graduate capabilities & intended learning outcomes
01. Demonstrate critical reflection of the most appropriate legal form of business in particular business situations.
- 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.
- 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.
- Compare differing instances of pro-competitive regulation and determine why to what effect they take particular forms.
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City Campus, 2020, Semester 2, Blended
Maximum enrolment sizeN/A
Subject Instance Co-ordinatorDavid Wishart
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
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.
|Research Essay (1500 words)||25||02, 03|
|Online Group Presentation (1000 words equivalent)||15||01, 02, 03|
|Examination (3000 words equivalent)||60||01, 02|