LAWS20059 - TERM 3, 2018
Individual written assignment
Percentage: 40% of the overall assessment for the unit.
Submission: Online via Moodle.
Format: One file in .doc or .docx (MSWord) format.
Submissions in any other file format (e.g. .zip) will be treated as a non-submission.
Font type: Arial or Times New Roman
Font size: 12 points
Line space: No line spacing (0 point)
Page margin: No indent (0 cm)
Word limit: 3000 words total (10% +/- is acceptable)
Due date: Week 6 Friday (21 Dec 2018) 11:45 pm AEST.
Return to students: Week 8 Friday (11 Jan 2019).
Late submission penalty: 2 marks per day or part of the day (Submit a formal extension request via Moodle).
Extensions policy: The university policy on extensions of time will be strictly enforced. Extensions will only be considered if made via the online system and based on medical or compassionate grounds. Any extension application should be made before the due date for submission. Medical conditions should be supported by a medical certificate, and, since students are expected to start the assignment early, temporary or last-minute conditions are usually not grounds for an extension. Professionals are expected to manage their time to meet their obligations, so work or personal commitments are insufficient grounds for an extension.
Plagiarism: The university’s plagiarism policy will also be strictly enforced. If plagiarism is found, a minimum penalty is likely to be zero marks for the assessment. It could be worse.
Referencing: All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
Task Description: The assignment involves a series of research and thinking exercises aimed at developing and assessing your research, analysis, writing and presentation skills. There will be an emphasis on applying your critical thinking skills to real life situations, even if some of those situations are somewhat fictional.
1. Research and advise on the principles of partnerships, trusts and company law 25%
2. Advise on the practical and legal features of the various types of corporate and non-corporate business structures, including advice on the risks and problems associated with particular structures 25%
3. Advise on and resolve problems and disputes arising out of partnerships, trusts and corporations 25%
4. Logical format, appropriate use of language, correct grammar, and accurate referencing (25%)
High distinction standard
- the answer is very well written and clearly expressed
- there is a demonstrated appreciation and understanding of the issues involved
- the answer is well structured and logically organised
- demonstrated mastery of referencing system
- there is evidence of a comprehensive analysis of the issues
- conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues
- comprehensive coverage of all relevant issues
- references are made to the appropriate legislation for particular issues
- statutory provisions are analysed and interpreted correctly
- the legislation is applied to the particular fact situation in a competent manner
- consideration is given to the operation of the common law
- the answer is well written and expressed
- the answer is structured and logical
- the issues have been reasonably well identified and appreciated
- there is correct use of referencing
- issues have been analysed
- reference is made to all appropriate legislation, although the analysis and interpretation is not as detailed and
reasoned as for the high distinction standard
- the effect of the common law is considered
- there is a comprehensive coverage of the issues
- occasional errors of law and legal reasoning may still be present.
- the answer is generally well written and expressed
- the answer is structured and sequential
- referencing is satisfactory
- issues are identified and addressed
- there has been an attempt to analyse some of the issues
- the coverage of issues is reasonably comprehensive often with a good treatment and analysis of particular points
- errors of law and incorrect reasoning may sometimes be present
- statutory interpretation may require improvement
- depth of treatment is often lacking in some of the issues.
- the answer is able to be followed and understood
- the answer could perhaps be better organised and structured
- the referencing may need improvement
- issues may need to be identified and addressed in more depth
- analysis when present may be incorrect
- some familiarity with the legislation and its application is demonstrated
- sometimes the conclusions reached are simple
- there may be several errors of law
- there may be quantities of material of marginal relevance included in the answer.
- the answer may be significantly short of the required length
- the written expression is poor and difficult to understand
- the answer is poorly organised
- there has been a failure to identify and address the issues in the question
- referencing is generally inadequate
- there is a lack of familiarity with the legislation and its appropriate application
- the reasoning and application demonstrated is poor
- frequently there is much irrelevant material.
Referencing Style: Australian Guide to Legal Citation, 3rd ed – see Moodle for details. (Please use footnotes AND a bibliography. Minimum 10 references).
Format: Use a memorandum of advice format.
Submission Instructions: Online submission via the unit Moodle site. No coversheet required.
Learning Outcomes Assessed:
1- Research and advise on the principles of partnerships, trusts and company law
2 - Advise on the practical and legal features of the various types of corporate and non-corporate business structures, including advice on the risks and problems associated with particular structures
3 - Advise on and resolve problems and disputes arising out of partnerships, trusts and corporations
1 - Knowledge
2 - Communication
3 - Cognitive, technical and creative skills
4 - Research
5 - Self-management
6 - Ethical and Professional Responsibility
7 - Leadership
Oliver and Emma met at CQU as business students in 2013. They became good friends and recently decided to start a business. After considering a number of ideas, they decided to start a suite of cloud-based solutions to managing facilities. Their proposed facility management business would connect owners, tenants and contractors, and facilitate asset management, building audits, building repairs, fire protection, reporting, tendering, and invoicing.
Oliver is responsible for his elderly mother, and his disabled child. Both need aged care and disability care, and rely on Oliver for financial support. Emma has an adult son at university that requires her financial support.
Oliver would prefer to finance the business, but would not like to play an active role in the business. Oliver owns four investment residential properties and a luxury home. Emma would prefer to play an active role in the business, but is not financially able to contribute capital to the business.
Unknown to Emma, Oliver was imprisoned for 6 years in 2005 for misappropriation of funds in multiple failed companies. Unknown to Oliver, Emma has mounting personal debt and two creditors have recently sent her letters of demand for payment.
Both Oliver and Emma believe that the business could earn millions of dollars in only a few years, and would like to know which business structure would be best for them.
Oliver and Emma become clients of ‘Beanstalk’, a business consultancy firm, and ask for business advice from the managing partner. You work at Beanstalk and the managing partner requests a written memorandum of advice from you. In preparing the advice, consider the following questions.
1. Explain the nature, characteristics, and advantages and disadvantages of the partnerships, trusts, and companies available to Oliver and Emma.
2. Summarise the rights, duties, and liabilities associated with the various partnerships, trusts, and companies available to Oliver and Emma.
3. Recommend, with reasons, the best business structure for Oliver and Emma.
The memorandum of advice must be presented in a logical format, with appropriate use of language, using correct grammar, and with accurate referencing.
YOUR MARK MAXIMUM
1. Research and advise on the principles of partnerships, trusts and company law 25
2. Advise on the practical and legal features of the various types of corporate and non-corporate business structures, including advice on the risks and problems associated with particular structures 25
3. Advise on and resolve problems and disputes arising out of partnerships, trusts and corporations 25
4. Logical format, appropriate use of language, correct grammar, and accurate referencing 25
TOTAL PERCENTAGE 40