HOLMES INSTITUTE
FACULTY OF
HIGHER EDUCATION
HOLMES INSTITUTE
FACULTY OF HIGHER EDUCATION
POSTGRADUATE PROGRAM
SUBJECT OUTLINE
HI5027 CORPORATE LAW
TRIMESTER 1/2015
Holmes Institute is committed to providing the highest quality education in a dynamic, student-centred learning environment. Holmes Institute fosters in its students rational thought, intellectual integrity and social responsibility.
www.holmes.edu.au
HI5027 Corporate Law T1 2015
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FACULTY OF HIGHER EDUCATION
Holmes Institute Faculty of Higher Education offers business courses that combine discipline-based excellence with practical applications. The faculty operates on campuses in Melbourne, Sydney, Brisbane and Hong Kong.
The faculty offers a Bachelor of Business, a Bachelor of Professional Accounting, a Master of Professional Accounting, a Master of Business Administration and a Graduate Diploma in Business. Details about the members of the faculty can be found on the faculty’s home page at www.holmes.edu.au.
HOLMES INSTITUTE POSTGRADUATE PROGRAMS
At Holmes Institute, the Master of Business Administration, the Graduate Diploma in Business and the Master of Professional Accounting offer domestic and international students the opportunity to study a set of contemporary subjects in the field of business. These subjects prepare students for the challenges in business environments of the 21st century. These programs emphasize the global and cross-cultural dimensions of business. Teaching utilizes a combination of delivery methods and includes critical analysis and case study methods. A combination of exams, case studies and company analysis are used in assessment.
The Masters’ programs of Holmes Institute focus on:
• Developing career related capabilities
• Emphasis on business numeracy and literacy
• Managerial proficiency
• The new economy
• Leadership
• Entrepreneurship
• Social responsibility and ethics
SUBJECT OVERVIEW & RATIONALE
Welcome from the Subject Coordinator
Welcome to HI5027 Corporate Law. This subject is designed to introduce students to the fundamentals of Australian company law and enhance their understanding of how company law influences practices and policies of business organisations. It provides you with solid foundation knowledge of Corporations Act 2001 (Cth) which is vital to understanding how companies operate in Australia. This subject looks at the various players involved – e.g. members, directors, creditors, regulators and the public. An understanding of company law is essential for students who are aspiring to be a senior manager in a company.
SUBJECT OBJECTIVES & LEARNING OUTCOMES
On successful completion of this subject, you will be able to:
1. Critically examine the foundations of Australian company law
2. Critically analyse the concept of corporate internal rules and management
3. Critically discuss and apply the legal framework that regulates a company’s dealings with outsiders
4. Analyse the interaction between members’ rights, directors’ duties and corporate governance
5. Analyse the procedures regarding external administration and winding up
SUBJECT ADMINISTRATION
Awards Duration Core/Elective Subject weight
BBus, BPA 1 semester Core 3 credit points
Mode of delivery On campus
Prerequisites HI5018 Introduction to Business Law
Workload Students are expected to attend all classes
Delivery 2 hrs of lectures and 1 hr tutorial or equivalent
Independent study 5 hrs
CONTACT DETAILS
Subject Coordinator Dominic Lococo dlococos@holmes.edu.au
Lecturer Melbourne Campus Dominic Lococo dlococo@holmes.edu.au
Lecturer Sydney Campus Katherine Hawes KHawes@Holmes.edu.au
Students please note:
Holmes Institute provides each student with a Holmes webmail. Faculty and Administrative staff can only communicate with you using your Holmes Institute mail address. Emails from private and/or business email accounts cannot be used and may not be answered.
CONSULTATION TIMES*
Please check with your lecturer
Monday Tuesday Wednesday Thursday Friday
Melbourne Campus To be advised
Sydney Campus To be advised
*by appointment only
STUDENT ASSESSMENT
ASSESSMENT TYPE DUE DATE WEIGHT LEARNING
OUTCOMES
Individual Assignment 1 Week 6
(Block Mode Week 3) 20% 1, 2 & 3
Individual Assignment 2 Week 10
(Block Mode Week 5) 20% 1, 2 & 4
Online Participation (Discussion Questions) Each Week 1-6 10% 1,2,3,4,5, & 6
Final Examination Exam period 50% 1, 2, 3, 4, 5 & 6
ASSESSMENT POLICY
To be eligible to pass this subject, students must complete all forms of assessment and demonstrate achievement of the learning outcomes. All assignments must be submitted electronically using a word processor, uploaded to Blackboard via SafeAssign. You must print and attach the full SafeAssign report with the Holmes Institute Cover Sheet to the printed assignment (hard copy).
The assignment cover sheet must include the student/s name, number, subject code and subject name, subject lecturer’s name, assignment due date and time of submission. All hard copies must be submitted to the designated Assignment Submission Facility on Campus during opening hours.
Submission deadlines are strictly enforced and late submission incurs penalties of 5 (five) % of the assessment value per calendar day unless an extension and/or special consideration has been granted by the Subject Coordinator prior to the assessment deadline. Unless an extension and/or special consideration has been granted by the Subject Coordinator prior to the assessment deadline, no assessments are accepted after 14 calendar days of the due date or the end of the trimester for assessments due later in a trimester. Students are requested to familiarize themselves with the Holmes Institute Assessment Policy located on the Blackboard Student Subject: HE-General Study Information (HGEN_HE) General Information Policies and Procedures Holmes Institute Student Assessment Policy v1.pdf.
STANDARD GRADING SYSTEM AND DISTRIBUTION
GRADE LETTER RANGE
High Distinction HD 80% and above
Distinction D 70 – 79%
Credit CR 60 – 69%
Pass P 50 – 59%
Fail NN 0-45% (did not meet the standard required according to the learning outcomes in the Subject Guide )
Faculty Pass* FP 46 – 49% (awarded by Board of Examiners)
Supplementary Exam Granted (a temporary grade) NS Supplementary examination granted
Deferred Exam (a temporary grade) ND Officially Deferred examination
Fail NA Student did not submit any work according to the schedule in the Subject Guide
Result Withheld RW Additional assessment and/or work required
Result Withheld WH Outstanding fees or non-return of Holmes Institute materials
* This grade is sometimes referred to as a conceded pass at other institutions
Explanation of Letter Grade
HD Outstanding work which exhibits sophisticated understanding and critical synthesis, analysis and evaluation of the subject matter. While the work utilizes opinions of others, judgements about the value of the subject matter are made and drawn together in an organized whole. Gaps in the subject matter might also be identified and the implications discussed.
D Substantial work of high quality, which demonstrates a clear understanding of the subject matter, in which the relationship between the constituent elements are identified clearly and discussed with some level of critical analysis. The work also applies abstract ideas in concrete situations.
CR Sound and competent work, which demonstrates a reasonable but not complete grasp of the subject matter. The work utilizes recall and paraphrases the work of others concerning the subject matter. Some basic level of critical analysis is evident. Originality in the work is rarely evident.
P Work that demonstrates a satisfactory engagement with the subject matter such that the student is said to have a general understanding of the field. Provides an adequate basis for further study.
NN Did not meet the learning objective of the subject
VIEWING STUDENT GRADES
Results including the final grade can be viewed via the Grade Centre on Blackboard. Results for all assessments are published within two weeks of the due date of the assessment and the final examination. Students who wish to appeal their mark for a specific assessment are advised to follow the procedures outlined at www.holmes.edu.au /undergraduate/appeals.
PLAGIARISM AND ACADEMIC MISCONDUCT
Holmes Institute view any forms of academic misconduct as most serious offences. Academic misconduct in any form during an examination is not tolerated and will be dealt with according to the policies and procedures set out in the Holmes Institute Student Handbook (located on Blackboard in the Student General information Subject: HE-General Study Information (HGEN_HE) General Information Student Handbook 2010 v.3.pdf).
Plagiarism occurs when one uses another person’s ideas or manner of expressing them and passes them off as one’s own work by failing to give appropriate acknowledgement (that is, referencing the source). Any instances of plagiarism will be dealt with promptly).
It is important that student reference their work appropriately. The Faculty of Higher Education at Holmes Institute uses the Harvard style of referencing. A detailed guide to referencing can be found in the Student Handbook.
USE OF BLACKBOARD
Holmes Institute uses Blackboard as its online teaching platform and all students enrolled have access to Blackboard to view and download their lecture material, grades, important announcements on their subjects and discussion rooms for selected subjects.
Please note that it is the student’s responsibility to check Blackboard on a regular basis. It is expected that students will have viewed lecture materials and additional readings before class. All students are advised to familiarize themselves with the use of Blackboard. Guides to Blackboard are available in the Resource Centre on each campus. Should you have difficulties accessing and/or using Blackboard, please contact your lecturer or the Holmes Institute Blackboard Helpdesk on: bbhelpdesk@holmes.edu.au.
USE OF RESOURCE CENTER AND PROQUEST
For most subjects, students are expected to engage in additional research. Textbooks and teaching materials available in the Resource Centre will be of use here. In addition, current students have access to a range of electronic academic journals via Proquest, which is accessible once you log into Blackboard.
Should you require any assistance with the use of Proquest and/or online research, please contact your lecturer and/or the Resource Centre staff on your campus.
STUDY SKILLS & ACADEMIC SUPPORT
Students who have difficulties with their studies and/or specific forms of assessment should visit online Study Skills on www.holmes.edu.au/undergraduate/studyskills. Holmes Institute also offers regular Academic Support, which is free for any student enrolled. See details on http://www.holmes.edu.au/undergraduate/Information.
DETAILED INFORMATION ON SUBJECT ASSESSMENTS
Item Due date Weighting Length
Individual assignment 1
Week 6
(Block Mode week 3) 20% 2,000 words
Individual Assignment 2 Week 10
(Block Mode week 5) 20 %
2,000 words
Students are required to read the week’s chapters of the text and by the Thursday of each week
a. Compose a comment to the discussion board referring their peers to a recent case, news report or commentary on the topic and
b. Compose an analytical extension question posted to the discussion board, demonstrating they have understood the chapter readings and have posed a question worthy of class discussion during the lecture session. They are graded on the quality of the question, as outlined in the rubric below.
2 weeks out of 6 weeks to grade the questions worth overall 10%
Weeks 1-6 continuous 10%
Final Examination Exam week 50% 3 hours 10
SUBJECT RESOURCES
Prescribed Textbook (compulsory)
Hanrahan, P., Ramsay, I. & Stapledon, G. (2015). Commercial Applications of Company Law (16th ed.) Sydney. CCH.
Recommendation
Ciro T. & Symes C. (2013), Corporations Law In Principle (9th ed.). Sydney. Thomson Reuters
LECTURE SCHEDULE/SYLLABUS
Wk Topics scheduled Assessment Tutorial
Activities Chapters
1 Introduction to companies
E-learning Subject Outline Chapter 1
Chapter 2
2 Company law
Companies and business planning
Constituting companies E-learning Tutorial 1 Chapter 3
Chapter 4
3 The characteristics of a company and the corporate veil E-learning Tutorial 2 Chapter 24
4 Managing companies
Member decision-making E-learning Tutorial 3 Chapter 5
Chapter 6
5 Members’ meeting
Restrictions on member decisionmaking E-learning Tutorial 3 Chapter 7
Chapter 8
6 Company directors
Directors’ duties 1
Directors’ duties 2 E-learning
Assessment 1 Tutorial 4 Chapter 9
Chapter 10
Chapter 11
7 Directors’ duties 3
Directors’ duties 4 Tutorial 5 Chapter 12
Chapter 13
8 Members’ remedies Tutorial 6 Chapter 15
9 Transacting by companies
Tutorial 7 Chapters 22 & 23
10 Financing companies
Shares and shareholding Assessment 2 Tutorial 8 Chapter 17
Chapter 18 & 19
11 External administration
Winding up Tutorials 10 and 11 Chapter 25
Chapter 26
12
Exam Week*
* Note: Students must consult the Academic Calendar and Blackboard for the dates of the Examination Week.

STUDENT ASSISTANCE
Studying in higher education presents many experiences and challenges. These might involve academic, personal and/or professional issues. At Holmes Institute, we have a range of people who can help you with various challenges. The following table identifies contact points should you require any support.
SUPPORT REQUIRED WHO TO CONTACT
Information for Current Students Holmes Institute Student Handbook:
Academic Probation / Mentoring Academic Mentors, Associate Dean
Accommodation Holmes Institute Home Stay
Computers, Blackboard, Email IT Help Desk
Disability Needs Holmes Institute Campus Directors
Employment and Careers Career Development Team
Enrolment Higher Education Coordinator
Exams Higher Education Coordinator
Financial Issues Holmes Institute Campus Directors
Personal Issues National Higher Education Program Manager, Mentoring Team
Proquest Database Librarian on each Campus
Study Skills Holmes Institute Academic Support & Study Skills Team
Visa Issues, COEs etc. Higher Education Coordinator
This subject outline was prepared by the Course Development Team for the Undergraduate Programs, Faculty of Higher Education, Holmes Institute. It was correct at the time of publication. Change to the Subject Outline may occur at any time. However, the Faculty of Higher Education endeavours to inform the students accordingly. This publication is copyright. Apart from any fair dealing for the purpose of private study, research, criticism, or review as permitted under the Copyright Act, no part may be reproduced by any process or placed in computer memory without written permission. Enquires should be made to Holmes Institute Faculty of Higher Education. © Copyright 2011.