Overview
LAWS13009 Corporations Law examines the various business structures available under Australian law, with a particular focus on companies. Topics include partnerships, corporate personality; the incorporation process; the corporate constitution; company contracts; administration of companies and management of the business of companies; duties and liabilities of directors and officers; share capital and membership; members’ remedies; company credit and security arrangements; and winding up of companies. This unit meets the LPAB requirements for company law.
Details
Pre-requisites or Co-requisites
Prerequisite: 48 credit points of law including LAWS11057.
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 1 - 2025
Attendance Requirements
All on-campus students are expected to attend scheduled classes - in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of 'pass' in order to pass the unit. If any 'pass/fail' tasks are shown in the table above they must also be completed successfully ('pass' grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the 'assessment task' section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University's Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure - Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure - International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback - Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from Student feedback
Topical assessments
Assessments in the subject will continue to be based on emerging and topical issues in Corporate Law (particularly the major assignment).
Feedback from Student feedback
Podcasts
Podcasts were a significant means of communication for the subject. Students can listen to these in their own time. Podcasts are kept to 10 minute limits and discreet topics. Podcasts will continue to be further developed and refined next time.
Feedback from Accreditation body
Skills based assessment
Assessments in the subject will continue to emphasize required Graduate Skills and Attributes, focusing on advocacy and legal methodology for constructing and communicating arguments.
Feedback from Student feedback
Tutorial problems
More tutorial problems will be developed for the tutorials in 2025.
- Explain and advise on the structure and set-up of different business organisations and their internal governance, rights, duties and termination procedures.
- Explain and advise on the legal relationship between business organisations, third parties, external administrators (if any), and regulatory authorities.
- Explain and advise on company finance and the regulation of markets for the issue, sale and purchase of company securities.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||
|---|---|---|---|
| 1 | 2 | 3 | |
| 1 - Practical Assessment - 50% | |||
| 2 - Examination - 50% | |||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | ||
|---|---|---|---|
| 1 | 2 | 3 | |
| 1 - Communication | |||
| 2 - Problem Solving | |||
| 3 - Critical Thinking | |||
| 4 - Information Literacy | |||
| 5 - Team Work | |||
| 6 - Information Technology Competence | |||
| 7 - Cross Cultural Competence | |||
| 8 - Ethical practice | |||
| 9 - Social Innovation | |||
| 10 - First Nations Knowledges | |||
| 11 - Aboriginal and Torres Strait Islander Cultures | |||
Textbooks
Australian Corporate Law
- 8th edition (2023)
- Authors: Anil Hargovan, Michael Adams, Catherine Brown
- LexisNexis
- Chatswood Chatswood , NSW , Australia
- ISBN: 9780409356441
- Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Camera and microphone for attending Zoom tutorials
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
k.viglianti@cqu.edu.au
Week 1 Business Structures, Corporate Personality and Regulation
Begin Date: 10 Mar 2025Module/Topic
Corporations and Other Business Organisations
Chapter
See Study Guide and Moodle for the topic for all details of prescribed readings.
Events and Submissions/Topic
Week 2 Nature of a Company and its Promoters
Begin Date: 17 Mar 2025Module/Topic
The Nature of the Company and its Promoters
Chapter
See Study Guide and Moodle for the topic for all details of prescribed readings.
Events and Submissions/Topic
Week 3 Internal Governance and Management Structures
Begin Date: 24 Mar 2025Module/Topic
Internal Governance and Management Structures
Chapter
See Study Guide and Moodle for the topic for all details of prescribed readings.
Events and Submissions/Topic
Week 4 Company Liabilities
Begin Date: 31 Mar 2025Module/Topic
Company Liabilities
Chapter
See Study Guide and Moodle for the topic for all details of prescribed readings.
Events and Submissions/Topic
Week 5 Directors' Role and Fiduciary Duties
Begin Date: 07 Apr 2025Module/Topic
Directors' Role and Fiduciary Duties
Chapter
See Study Guide and Moodle for the topic for all details of prescribed readings.
Events and Submissions/Topic
Mid-Term Break
Begin Date: 14 Apr 2025Module/Topic
Revision
Chapter
Events and Submissions/Topic
Week 6 Directors' Duty of Care and Insolvent Trading
Begin Date: 21 Apr 2025Module/Topic
Directors' Duty of Care and Insolvent Trading
Chapter
See Study Guide and Moodle for the topic for all details of prescribed readings.
Events and Submissions/Topic
Week 7 Members and their Remedies
Begin Date: 28 Apr 2025Module/Topic
Members and their Remedies
Chapter
See Study Guide and Moodle for the topic for all details of prescribed readings.
Events and Submissions/Topic
Week 8 Corporate Reporting, Record Keeping and Auditing
Begin Date: 05 May 2025Module/Topic
Corporate Reporting, Record Keeping and Auditing
Chapter
See Study Guide and Moodle for the topic for all details of prescribed readings.
Events and Submissions/Topic
Week 9 Corporate Financing
Begin Date: 12 May 2025Module/Topic
Corporate Financing
Chapter
See Study Guide and Moodle for the topic for all details of prescribed readings.
Events and Submissions/Topic
Week 10 External Administration: Schemes, Receivership, Restructure and Administration
Begin Date: 19 May 2025Module/Topic
External Administration: Schemes, Receivership, Restructure and Administration
Chapter
See Study Guide and Moodle for the topic for all details of prescribed readings.
Events and Submissions/Topic
Week 11 External Administration: Liquidation
Begin Date: 26 May 2025Module/Topic
External Administration: Liquidation
Chapter
See Study Guide and Moodle for the topic for all details of prescribed readings.
Events and Submissions/Topic
Week 12 Securities Trading and Takeovers
Begin Date: 02 Jun 2025Module/Topic
Securities Trading and Takeovers
Chapter
See Study Guide and Moodle for the topic for all details of prescribed readings.
Events and Submissions/Topic
University Exam Period
Begin Date: 09 Jun 2025Module/Topic
Chapter
Events and Submissions/Topic
University Exam Period
Begin Date: 16 Jun 2025Module/Topic
Chapter
Events and Submissions/Topic
Full details of the assessment for this unit are set out in the Unit Profile and via the Moodle subject page. The assessment in this subject is based on students having a solid foundation in legal methodology, including legal research and writing and correct legal citation.
1 Practical Assessment
This is a research-based assignment based on solving a problem and providing a legal opinion to, and advocacy for, a client on an issue in Corporations Law.
Details of the Unit Learning Outcomes assessed by this assignment are set out via the Moodle subject page. The assessment is a task that will test students' advocacy skills. More specific details of the assessment, including detailed instructions for the assessment task and the marking criteria/rubric are available via the Moodle subject page.
The submission for this assignment is online via the Moodle subject page (Assignment Inbox will be available via Moodle).
Late penalties are applied where students do not submit by the due date (or where you have been granted an extension and submit beyond the extended due date). Late penalties are 5% of the total available marks per day or part day.
Students may request an extension beyond the due date for submission through Moodle. Any application for an extension must be made before the due date and must be made via the University's online system. Applications made via email will not be considered. Extension requests must comply with the Assessment Policy and Procedure (Higher Education Coursework).
Week 5 Friday (11 Apr 2025) 11:59 pm AEST
Full details are provided via Moodle.
Week 8 Monday (5 May 2025)
Returned via online feedback centre for individual feedback plus further feedback via Moodle and in online sessions for general feedback
The assignment tests the following Unit Learning Outcomes:
- Identification of legal and ethical issues involved and use of relevant authorities (ULOs 2, 3, 4 and 8)
- Apply relevant facts to interpretation of the law; reflection and critical thinking - use of legal principles and deductive reasoning to solve problems (ULOs 2, 3 and 4)
- Quality of communication, including ability to advocate for a client (ULO 1)
- Research skills and use of appropriate legal authority (ULO 4)
The assessment is marked across each ULO and using a marking rubric (supplied via Moodle) which itself adopts the the University's grading scale for assessment of subjects by coursework.
- Explain and advise on the structure and set-up of different business organisations and their internal governance, rights, duties and termination procedures.
- Explain and advise on the legal relationship between business organisations, third parties, external administrators (if any), and regulatory authorities.
- Explain and advise on company finance and the regulation of markets for the issue, sale and purchase of company securities.
Examination
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
