units

LAW5016

Faculty of Law

18 September 2017 22 December 2024

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This unit entry is for students who completed this unit in 2016 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.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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

Faculty

Law

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Offered

City (Melbourne)

  • Trimester 1 2016 (Day)

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
Previously coded as LAW7275

Synopsis

The unit examines the nature of the corporation as a separate legal entity; the classification of companies by liability of shareholders and the differences between public and proprietary limited companies; the role and importance of the corporate constitution; membership of companies; how a corporation enters into binding contracts with third parties and protections for third parties in the Corporations Act; legal aspects of financing, including the nature of share capital and permitted reductions of capital; and processes for dealing with insolvent corporations.
The Unit considers these issues against a background of basic corporate theory and explores some of the wider implications of how corporations are regulated.
Students who take this unit who omit to take LAW5017 Advanced corporations law will be required to take the new unit LAW5011 Principles of company law in order to satisfy Priestley 11 requirements.

Outcomes

At the successful completion of this Unit students will be able to:

  1. critically evaluate the law relating to corporations in a broader regulatory, social or economic context, including contemporary developments in the law and its practice;
  2. identify, research, synthesise and evaluate relevant legal, factual and policy issues;
  3. demonstrate intellectual and practical skills to interpret and justify theoretical propositions, legal methods and conclusions;
  4. engage in critical analysis and make reasoned and appropriate choices among alternatives;
  5. exercise professional judgment in evaluating jurisprudential and practical considerations in corporations law issues;
  6. select, analyse, interpret and apply principles of corporations law to generate appropriate responses to complex legal issues embedded in factual scenarios; and
  7. communicate effectively and persuasively to specified audiences.

Assessment

1. Research assignment (3,000 words):40%
2. Final examination(2 hours plus 30 minutes reading time):60%

Workload requirements

Students enrolled in this unit will be provided with 30 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Chief examiner(s)

Mr Nicholas Calleja (Trimester 1)

Prerequisites

LAW5000 or LAW5080 or LAW5081 (for students beginning in 2015 or later)

Co-requisites

LAW5008