LAW4324 - Corporate governance and shareholders remedies - 2018

This unit examines the way corporations are governed, and the roles of directors and shareholders. Primary focus will be on Australian law, however, comparisons will be drawn from other countries, eg the UK, Canada and the US. Topics include:

1. Corporate Governance
   1. division of power between the board and the general meeting
   2. the role of the board
   3. the way boards are regulated
2. Shareholders' Remedies
   1. self help remedies; individual shareholder activism; and customising the corporate constitution
   2. litigious remedies, including: oppression, winding up, common law limitations on majority voting power; and the statutory derivative action

On completion of this unit, students should be able to: recognise and understand the common problems experienced by members of various types of company; advise a hypothetical client regarding strategies for preventing or remedying those problems without recourse to litigation; advise a hypothetical client regarding litigious remedies to combat those problems; understand likely trends for future development in the law relating to shareholders' rights and remedies; develop and demonstrate oral communication skills and skills of presentation of legal concepts, rules and argument in an interactive seminar context; and, develop and demonstrate legal research and writing and legal argument skills.

Presentation: 10%; Research Paper: 90%.

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information