Monash University Handbook 2011 Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Synopsis

• The desirability of takeovers and the need for regulation
• The general scheme of regulation in Australia
• The principal means of effecting takeovers
• Defensive strategies and tactics
• Compulsory acquisition
• The regulatory structure, including the respective roles and powers of the Australian Securities and Investments Commission, the Takeovers Panel and the Australian Securities Exchange
• The means by which regulatory decisions may be challenged

Objectives

Students who successfully complete this unit should:

1. be able to analyse the circumstances of a potential offer for a proposed target company and provide advice as to
   1. the principal means by which a takeover may be effected (and the advantages and limitations of each alternative),
   2. how to prepare for and conduct the takeover, and
   3. the defensive strategies and tactics available to the target company to oppose the takeover
2. be familiar with the structure of regulation of takeovers in Australia including the respective roles and principal powers of the Australian Securities and Investments Commission, the Takeovers Panel and the Australian Securities Exchange and the extent to which the decisions of these bodies are subject to appeal or review
3. be able to analyse and examine critically arguments concerning the desirability and effects of takeovers and the regulation of takeovers
4. ind that both their research skills, and their ability to construe and apply a complex statutory scheme, are enhanced.

Assessment

Research paper (3,750 words): 50%
Take home examination (3,750 words): 50%

Chief examiner(s)

Mr Bruce Dyer

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

LAW4171 Corporations Law or LAW7277 Advanced Corporations Law or equivalent