Highlights
Initiaiton
Question 1. Critically discuss the ‘Indoor Management Rule’. Your answer should include reference to both the Corporations Act 2001 (Cth) and any general law equivalents. Use relevant provisions from the Corporations Act 2001 (Cth) and relevant cases in your answer.
Question 2. Critically discuss types of contractual authority with reference to persons acting on behalf of a corporation in Australia. Critically discuss the ability of company directors to act individually to bind a corporation in contract. Provide relevant provisions of the Corporations Act 2001 (Cth) and case law in your answer.
Question 3. How do courts in Australia decide matters involving the compulsory acquisition of member shares through alteration of the corporate constitution? What role does the corporate constitution play in these determinations? What remedies are available in such circumstances? Do NOT discuss minority oppression proceedings. Do NOT discuss the formalities of notice and resolution acceptance. Refer to appropriate case law in your answer.
The assessment criteria for this assessment task are:
1. Demonstration of knowledge of the law, as evidenced by accurate statement of relevant legal principles;
2. Demonstration of requisite academic communication skills, as evidenced by logical structure, discussion of appropriate principles, critical evaluation of principles, professional communication, accuracy of citations (legal referencing) and academic referencing and use of accurate and appropriate expression.
CONTENT AND ANALYSIS
The focus of the assignment is on clear, accurate and concise discussion of the legal principles in the questions. You should make direct reference to the relevant sections of the legislation (the Corporations Act 2001 (Cth)), as well as the relevant case law (such as that discussed in the lectures and textbook). Make sure you clearly and directly answer the question that is asked.
In terms of addressing the assessment criteria:
• In order to demonstrate knowledge of the law for this assignment, you need to state the relevant legal principles accurately and reference them appropriately by citing case law and legislation (use AGLC 4);
• You need to critically evaluate the relevant principles in the questions; • You need to adopt a logical structure (it is recommended you use headings), avoid spelling and grammatical errors (see further under ‘Structure and Style’ below) and present your answers in a coherent and professional manner.
Your assignment must make relevant reference to case law and legislation. Footnotes are the recommended referencing format for legal writing using AGLC 4 rules (use the “Insert > Footnote” function in Word).
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