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 unit provides a thorough study of shareholders' remedies, examining both litigious and non-litigious remedies.

Litigious remedies include: class actions and recent developments in derivative litigation, as well as oppression, winding up, alteration of the constitution, dilution of equity stakes and compulsory acquisition of minority shareholdings.

Non-litigious remedies include: the role of advance planning, drafting issues in relation to shareholders' agreements and constitutional provisions, and the scope for activism by institutional and retail shareholders in listed public companies.

Objectives

Students who have successfully completed the subject will have:

1. a thorough knowledge of the common problems experienced by members of various types of company
2. an understanding of strategies for preventing or remedying those problems without recourse to litigation
3. an understanding of the litigious remedies available to combat those problems
4. an understanding of likely trends for future development of the law relating to shareholders' remedies
5. enhanced research skills, as a result of undertaking a substantial piece of writing on an aspect of shareholders' remedies.

Assessment

Research assignment (3,750 words): 50%:
Take-home examination (3,750 words): 50%
OR
Research assignment (7,500) words: 100%

Contact hours

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

Prerequisites

LAW4174 or LAW7277 or equivalent.