Class participation 10% (assessed throughout): Class participation requires active engagement – asking questions; commenting or expanding upon the comments of your peers; attempting the problem questions; answering questions. This task meets learning outcomes: 1, 2 & 5.

Short essay question 30% (due Friday 9th September 11.59pm): You will be required to focus on analysis, justification and critique of corporate law through comparing and contrasting case law. Essays should be formatted with a clear introduction (including a strong thesis which responds to the question), a number of well-supported arguments that establish the thesis and a conclusion. Word count is 2,500 words including footnotes. All essays should be submitted double spaced. The essay question is set out below:

“Owen has been asked by his sister Gemma to join the board of “Gemma’s Catering Ltd” (the Company), a company that has been providing corporate catering services in Sydney for the past 3 years. Gemma owns 80% of shares in the Company, with the other 20% owned by her cousin Alice. The board of directors consists of Gemma, Alice and the catering manager, Ellie. Owen left school at 16 and has worked as a chef in a Sydney pub for the past 20 years. He is concerned that he has no experience of the corporate world and no understanding of company law. He is also not sure he will be able to attend board meetings regularly. When he expressed these concerns to Gemma, she told him not to worry because she, as managing director, would make all the real decisions and that all that would be required of Owen would be to attend occasional board meetings and to vote as Gemma directs and counter-sign company cheques.

Referring to relevant statutory provisions and case law, advise Owen on the fiduciary duties and duty of care, skill and diligence to which he will be required to adhere to if he accepts the position as director of the Company, and whether his role as outlined by Gemma, would satisfy these duties.” 

This task meets learning outcomes 1-5. Students who receive a grant of Special Consideration may receive an extension or alternative task at the discretion of the Unit Coordinator. Any extensions must be processed through the Special Consideration procedure. 

Take-home exam 60% (released Friday 28 October): The take-home exam will be released on Friday 28 October at 9.00am and is due on Saturday 29 October at 9.00 am (24 hours in duration) and will relate to content covered throughout the entire unit. It will focus on problem questions similar to those that we will practice in class. All exams must be submitted double-spaced. Maximum word count 4,000 words (not including footnotes). Footnotes may be written in short-hand so long as they are identifiable, e.g. Salomon v Salomon and Co [1897] AC 22 may be cited as (Salomon) or (Salomon v Salomon) in your exam.

This task meets learning outcomes 1-5. The outcome of a successful Special Consideration application is a replacement examination or a viva voce (oral exam before the Unit Coordinator).   

Assessment requirement to pass a unit of study

A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.