Postgraduate - UnitLAW7243 - Shareholders' remedies

This unit entry is for students who completed this unit in 2013 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

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Level	Postgraduate
Faculty	Faculty of Law
Offered	Not offered in 2013

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

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.

Outcomes

Students who have successfully completed the subject will have:

a thorough knowledge of the common problems experienced by members of various types of company
an understanding of strategies for preventing or remedying those problems without recourse to litigation
an understanding of the litigious remedies available to combat those problems
an understanding of likely trends for future development of the law relating to shareholders' remedies
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.