LAW5160

Shareholders' rights and remedies

(LAW)

Professor Elizabeth Boros

6 credit points + Three 1-hour lectures per week + First semester + Clayton + Prerequisite: Nil + Co-requisite: LAW4171

Synopsis: The position of shareholders under Australian law will be examined. Comparisons will be drawn with the law in the United Kingdom, Canada and the United States. The course will identify the most common complaints expressed by shareholders and examine the means by which these problems can be addressed, both in the courts and by self-help measures. Topics covered: 1. Self-help: institutional shareholder activism; individual shareholder activism; access to information; the corporate constitution; shareholders' agreements. 2. Litigious remedies: oppression; winding up; common law limitations on majority voting power; statutory derivative action; compulsory acquisition of minority shareholdings.

Assessment: Research assignment (4000 words): 50% + Supervised examination (60 minutes): 50% OR supervised examination(2 hours): 100%