Understand the principles of Australian company law within the context of the prescribed readings.

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As of March 13, 2018 ABN 49 003 577 302 CRICOS Code: 00161E National Code:
90458
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Assessment – 3
Course Bachelor of Business / Bachelor of Accounting
Unit Corporate law
Unit Code BO1CLAW314
Type of Assessment Assessment 3 – Individual Assignment
Length / duration 2000 words – around 5 pages – not including the title page, executive
summary, table of contents and references list.
Learning outcomes
addressed
a) Understand the principles of Australian company law within the context of
the prescribed readings.
b) Identify and analyse relevant facts, problems and legal issues from a given
scenario and develop an argument in response, discussing available options in
the context of company law.
c) Interpret company law legislation and relevant case law.
d) Appreciate the role of compliance and the requirement that organisations
and individuals must follow the laws that apply to their industry areas.
Submission Date Week 8.
Assessment Brief Individual legal research and writing
Total Mark 20
Weighting 20% of the unit total marks
Students are advised that any submissions past the due date incur a 5% penalty per day, calculated from
the total mark e.g. a task marked out of 20 will incur a 1-mark penalty per day. Assignments received
after 10 business days will be awarded a fail grade.
More information, please refer to View Doc >> Student Policies and Forms by visiting the following link
https://kent.rtomanager.com.au/
Assessment Description:
We recommend a minimum total of TEN statute and case references per question. Work that includes
sources that are not properly referenced according to the “Harvard Referencing Workbook” will be
penalised. Refer to the Academic Learning Skills handout on Report writing. Please see Academic Learning
skills staff for assistance with this, or any assignment.
As of March 13, 2018 ABN 49 003 577 302 CRICOS Code: 00161E National Code:
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The assignment statement is as follows:
Section 140(1) of the Corporations Act 2001 (Cth) enshrines the long-time
position that a company’s constitution forms a statutory contract between,
amongst others, the company and each member and the company and each
director.
Required :
With reference to the above statement, relevant Australian case law and
legislation, answer the following:
(1) What is the governing document of a company registered under the
Corporations Act 2001 (Cth) and what is its purpose? (5)
(2) Can a company’s constitution be amended and, if so, what are the
requirements? Do you think the requirements are sufficient to protect
minority shareholders? (5)
(3) In regard to amending a company’s constitution, are there limits on the
power of the majority shareholders regarding the variation of member rights?
(10)
Total (20 marks)
Assessment Submission:
Submission is required by 4 pm week 8 (ie. 4.pm on Friday 10th August.)
Marks will be deducted for late submission – 5% deduction per calendar day late, of the total mark is
applicable. Assignments received after 10 business days will be awarded a fail grade. However, consideration
may be offered only under medical ground or other extenuating circumstances. You must provide appropriate
supporting documentation for consideration to Higher education administration.
Other extensions and resubmissions are strictly prohibited.
Submission is via Moodle. Please be aware that any assessments submitted in formats other than Microsoft
Word will be considered LATE and will lose marks until it is presented in Word format.
As of March 13, 2018 ABN 49 003 577 302 CRICOS Code: 00161E National Code:
90458
TEQSA Provider Number: PRV12051
No paper based or hardcopy submission will be accepted.
Our Academic Learning Support (ALS) team are there to help you with understanding the task and all other
assessment-related matters. For assistance and to book a one-on-one meeting please email one of our ALS
coordinators (Sydney ALS_SYD@kent.edu.au; Melbourne ALS_MELB@kent.edu.au). For online help and
support please click the following link and navigate Academic Learning Support in Moodle.
http://online.kent.edu.au/cms/course/view.php?id=437
Corporate Law: Marking Rubric Total:25 Part 1 /10: Part 2 /15
Numeric
grade
Fail<50% Pass 50% to 64% Credit 65% to
74%
Distinction 75% to 84% High Distinction >85%
Research Little
evidence of
research.
Sources are
missing,
inappropriate
, poorly
integrated or
lacking
credibility.
Lacks clear
link of
sources to
arguments.
Basic and sound
research. Basic use of
sources to support
ideas, generally well
integrated, most
sources are credible.
May be weaknesses
with paraphrasing or
integration/application
.
Research is
generally
thorough.
Good use of
sources to
support ideas,
mostly well
integrated,
sources are
credible. May
be
weaknesses
with
paraphrasing
or integration/
application.
Thorough research is
indicated. Very good
use of sources to
support ideas, well
integrated, sources are
credible. May be
minor weaknesses
with paraphrasing or
integration/application
.
Thorough research is
indicated. Professional
use of sources to
support ideas, well
integrated, sources are
credible. Very minor, if
any, weaknesses with
paraphrasing or
integration/application
. Information /
Content
Information
/content
Lacks
coherence;
topic is
poorly
addressed;
little analysis.
Is generally coherent;
topic is addressed;
analyses in reasonable
depth with some
description. There are
some inconsistencies
and weaknesses with
flow.
Is coherent
and flows
well; topic is
addressed
quite
thoroughly;
analyses in
considerable
depth. There
may be some
inconsistencie
s and
weaknesses
with flow.
Is very coherent and
flows well; topic is
addressed thoroughly;
analyses in depth.
There may be minor
inconsistencies and
weakness with flow.
Professional work.
Argument is very
coherent and flows
well; topic is
addressed thoroughly;
analyses in great
depth. Very minor, if
any, inconsistencies
and weaknesses with
flow.
Critical
analysis
Material is
descriptive
and generally
poorly
sequenced.
Material is descriptive
and generally poorly
sequenced.
Material is
descriptive
and generally
poorly
sequenced.
Material is descriptive
and generally poorly
sequenced.
Material is descriptive
and generally poorly
sequenced.
As of March 13, 2018 ABN 49 003 577 302 CRICOS Code: 00161E National Code:
90458
TEQSA Provider Number: PRV12051
Language
presentatio
n
Poor
standard of
writing. Word
limit may not
be adhered
to.
Basic and sound
standard of writing;
some errors in
punctuation, grammar
and spelling
Good
standard of
writing; few
errors in
punctuation,
grammar and
spelling.
Very good standard of
writing; very few or
minor errors in
punctuation, grammar
and spelling.
Professional standard
of writing; no errors in
punctuation, grammar
and spelling.
Referencing No
referencing is
evident or, if
done, is
inconsistent
and
technically
incorrect. No
or minimal
reference list,
mixed styles.
Basic and sound
attempt to reference
sources; may be some
inconsistencies and
technical errors in
style. Reference list is
generally complete
with 1 or 2 references
missing
Good attempt
to reference
sources;
inconsistencie
s and
technical
errors in style.
Few
inaccuracies in
reference list
and all
references
listed
Very good attempt to
reference sources;
very minor
inconsistencies and
technical errors in
style. Thorough and
consistent reference
list and all references
listed.
Professional level of
referencing and
acknowledgment; no
errors of style evident
.Thorough and
consistent reference
list and all references
listed
General Notes for Referencing
High quality work must be fully referenced with in-text citations and a reference list at the end. We
recommend you work with your Academic Learning Skills site
(http://moodle.kent.edu.au/kentmoodle/course/view.php?id=5) available in Moodle to ensure that you
reference correctly.
References are assessed for their quality. You should draw on quality academic sources, such as books,
chapters from edited books, journals etc. Your textbook can be used as a reference, but not the lecturer
notes. We want to see evidence that you are capable of conducting your own research. Also, in order to help
markers determine students’ understanding of the work they cite, all in-text references (not just direct
quotes) must include the specific page number/s if shown in the original. Before preparing your assignment
or own contribution, please review this YouTube video by clicking on the following link:
Plagiarism: How to avoid it (https://www.youtube.com/watch?v=2q0NlWcTq1Y)
You can search for peer-reviewed journal articles, which you can find in the online journal databases and
which can be accessed from the library homepage. Wikipedia, online dictionaries and online encyclopedias
are acceptable as a starting point to gain knowledge about a topic, but should not be overused – these
should constitute no more than 10% of your total list of references/sources. Additional information and
literature can be used where these are produced by legitimate sources, such as other text resources and
articles. Legitimate organisations and government departments produce peer reviewed reports and articles
and are therefore very useful and mostly very current. The content of the following link explains why it is not
acceptable to use nonpeer reviewed websites: Why can’t I just Google?
https://www.youtube.com/watch?v=hqjJyqfceLw (thanks to La Trobe University for this video).
As of March 13, 2018 ABN 49 003 577 302 CRICOS Code: 00161E National Code:
90458
TEQSA Provider Number: PRV12051