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Course profile

Corporations Law (LAWS3100)

Study period
Sem 2 2024
Location
St Lucia
Attendance mode
In Person

Course overview

Study period
Semester 2, 2024 (22/07/2024 - 18/11/2024)
Study level
Undergraduate
Location
St Lucia
Attendance mode
In Person
Units
2
Administrative campus
St Lucia
Coordinating unit
Law School

Law relating to commercial companies and comparable business structures, as well as an introduction to the regulations on data protection and privacy.

This course is a critical analysis of the legal regulation of companies, and to a lesser extent, a comparison to other business structures, and an introduction to the regulations on data protection and privacy in Australia. You will learn about aspects of the law concerning companies, including separate legal personalityᅠand limited liability, formation of a company, structure of and relationship between company organs, management and governance, directors’ duties, shareholder rights, corporate finance and external administration. In addition, you will be introduced to the regulations on data protection and privacy, which govern the collecting, generating, storing, accessing, using or sharing data and information in Australia.

Course requirements

Prerequisites

You'll need to complete the following courses before enrolling in this one:

LAWS1100

Restrictions

Not for students enrolled in LLB(Hons)(#64), LLB(Hons)(#48), LLB, LLB (Grad Entry), LLB(Hons) duals and LLB dual programs

Course contact

Course staff

Lecturer

Tutor

Timetable

The timetable for this course is available on the UQ Public Timetable.

Additional timetable information

There are 10 tutorials and 12 lectures.ᅠ Lectures will be recorded and the recordings made available to students. More details on the lectures and tutorials are set out in Learning Activities.

Aims and outcomes

Teaching Mission Statement

The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.

Course Aims

At the conclusion of this course, you will be able to describe the regulatory framework of the law of companies in Australia; compare and contrast the advantages and disadvantages of the corporate structure with other business entities; solve legal problems relating to each of the topics in the course; and discuss critical issues associated with corporations in an informed and confident manner.

Learning outcomes

After successfully completing this course you should be able to:

LO1.

Explain the legislation and relevant case law related to corporations and partnerships;

LO2.

Apply the relevant legislation and/or case law to issues concerning corporations and partnerships;

LO3.

Formulate advice on various legal issues associated with corporations and partnerships with reference to legislation and cases; and

LO4.

Reflect critically on the legislation and relevant case law relating to corporations and partnerships.

Assessment

Assessment summary

Category Assessment task Weight Due date
Tutorial/ Problem Set Tutorial assessment
  • Online
10%

Week 2 Mon - Week 13 Mon

See Task Description and Submission Guidelines

Examination In-Semester Online Multiple Choice Examination
  • Online
30%

27/08/2024 10:00 am

Examination End-of-semester Examination
  • In-person
60%

End of Semester Exam Period

2/11/2024 - 16/11/2024

Assessment details

Tutorial assessment

  • Online
Mode
Written
Category
Tutorial/ Problem Set
Weight
10%
Due date

Week 2 Mon - Week 13 Mon

See Task Description and Submission Guidelines

Learning outcomes
L01, L02, L03, L04

Task description

There will be 10 tutorials this semester. Students will be ASSESSED on their participation in 8 out of 10 tutorials. Each tutorial is worth max. 1.25 marks. Therefore, tutorial participation is worth 10 marks in total or 10% of the total marks in this course.

This assessment task evaluates student’s abilities, skills and knowledge without the aid of Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct.

Submission guidelines

Tutorial exercises must be submitted electronically in Word format via the assessment submission link on the course Learn.UQ (Blackboard) site at the commencement of each week in which tutorials are scheduled, i.e., on the Monday before 2pm.

Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.

A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.

Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.

Late submission

A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

In-Semester Online Multiple Choice Examination

  • Online
Mode
Written
Category
Examination
Weight
30%
Due date

27/08/2024 10:00 am

Learning outcomes
L01, L02

Task description

In Week 6, students will sit an in-semester, online multiple choice examination. This examination will be held during the usual lecture time via a link that will be made available on Blackboard. Any written or printed material is permitted in the exam; it may also be annotated.

This assessment task evaluates students' abilities, skills and knowledge without the aid of generative Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct.

Exam details

Planning time 10 minutes
Duration 90 minutes
Calculator options

No calculators permitted

Open/closed book Open Book examination
Exam platform Learn.UQ
Invigilation

Not invigilated

Submission guidelines

Deferral or extension

You may be able to defer this exam.

Late submission

Exams submitted after the end of the submission time will incur a late penalty.

Late Submission of Digital Exams

Penalties for late submission will apply to the total mark available for an examination unless a student can demonstrate that system and/or process issues beyond their control resulted in the late submission of the examination.

Additional information on late penalties for digital examinations can be found within the Examinations Procedure.

End-of-semester Examination

  • In-person
Mode
Written
Category
Examination
Weight
60%
Due date

End of Semester Exam Period

2/11/2024 - 16/11/2024

Learning outcomes
L01, L02, L03, L04

Task description

The final examination will be on-campus and invigilated. While all material in the course is potentially examinable, the examination is likely to focus on materials covered in Lectures and Tutorials 5-12 and associated learning materials.

The assessment will test knowledge and understanding of that material through the application of such knowledge and understanding to a given set of facts in a problem question.

Students will be permitted to bring any printed/written materials into the exam; material may also be annotated.

This assessment task is to be completed in-person. The use of Artificial Intelligence (AI) tools will not be permitted. Any attempted use of AI may constitute student misconduct under the Student Code of Conduct.

Exam details

Planning time 10 minutes
Duration 120 minutes
Calculator options

No calculators permitted

Open/closed book Open Book examination
Exam platform Paper based
Invigilation

Invigilated in person

Submission guidelines

Deferral or extension

You may be able to defer this exam.

Course grading

Full criteria for each grade is available in the Assessment Procedure.

Grade Cut off Percent Description
1 (Low Fail) 0 - 19

Absence of evidence of achievement of course learning outcomes.

2 (Fail) 20 - 47

Minimal evidence of achievement of course learning outcomes.

3 (Marginal Fail) 48 - 49

Demonstrated evidence of developing achievement of course learning outcomes

4 (Pass) 50 - 64

Demonstrated evidence of functional achievement of course learning outcomes.

5 (Credit) 65 - 74

Demonstrated evidence of proficient achievement of course learning outcomes.

6 (Distinction) 75 - 84

Demonstrated evidence of advanced achievement of course learning outcomes.

7 (High Distinction) 85 - 100

Demonstrated evidence of exceptional achievement of course learning outcomes.

Supplementary assessment

Supplementary assessment is available for this course.

Learning resources

You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.

Library resources

Find the required and recommended resources for this course on the UQ Library website.

Additional learning resources information

Learning activities

The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.

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Learning period Activity type Topic
Multiple weeks

From Week 1 To Week 13
(22 Jul - 27 Oct)

Lecture

Lectures

The programme of lectures for this course is set out in the Course Learning Guide. This is available from the course Blackboard site.

Lecture topics are:

  1. Introduction and discussion of the key characteristics of a company (separate legal personality, corporate capacity and limited liability)
  2. Problems with key characteristics of company and comparison with other business structures
  3. Constituting and managing companies
  4. Corporate Governance 1
  5. Corporate Governance 2
  6. In-class, in-semester Examination
  7. Directors' Duties 1 and 2
  8. Directors' Duties 3 and 4
  9. Consequences of breach and Members' Remedies
  10. Corporate Contracting and Reporting
  11. Corporate Finance (Shares, Capital Transactions, Public issues, debt and security interests)
  12. Data protection and Privacy
  13. Winding up, Receivership and Voluntary Administration.

Learning outcomes: L01, L02, L03, L04

Multiple weeks

From Week 2 To Week 13
(29 Jul - 27 Oct)

Tutorial

Tutorials

The tutorial topics are available from the Course Blackboard site. There are 10 tutorials in this course. The tutorials start in Week 2.

Tutorial topics are:

  1. About companies and company law
  2. Legal nature of companies and other business structures
  3. Constituting companies and managing companies
  4. Division of power
  5. Members
  6. Directors' Duties (Duty of care; Duty to prevent insolvent trading)
  7. Directors' Duties (Fiduciary duties)
  8. Consequences of breach and Members' remedies
  9. Corporate Contracting and Corporate financing
  10. Data protection and privacy; Winding up, Receivership and Voluntary Administration

Learning outcomes: L01, L02, L03, L04

Policies and procedures

University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:

Learn more about UQ policies on my.UQ and the Policy and Procedure Library.

School guidelines

Your school has additional guidelines you'll need to follow for this course: