ACC220: Law of Business Associations Written Hypothetical Assignment - Law Assignment Help

Assignment Task:

Task:
ASSESSMENT CRITERIA
As noted in the course outline, the assessment criteria for this assessment task are:

• Demonstration of knowledge of the law, as evidenced by accurate statement of relevant legal principles;
• Demonstration of understanding of the law, as evidenced by cogent and coherent application of legal principles to the fact situation as stated;
• Demonstration of requisite academic communication skills, as evidenced by logical structure of arguments, appropriateness of conclusions, accuracy of citations (legal referencing) and academic referencing and use of accurate and appropriate expression.
• Start of Assessment Task 2 Scenario and Questions
• Assessment Task 2 ACC220 2021 Semester 2
• Max, Hymie, Larabee and Siegfried have known each other for many years, all studying at USC together after finishing high school. The four friends have all worked together, buying run-down houses around the Sunshine Coast and renovating them to sell and make a profit. In 2017 the quartet formed a company, Kontrole Pty Ltd (Kontrole) which purchases the properties in the company name and pays all the expenses of the renovation projects and uses the profits made to provide dividends to the shareholders and purchase the next property for renovation.
• Kontrole has 120 shares in total, with Hymie owning 10 shares, Larabee and Siegfried each owning 25 shares and Max owning the remaining 60 shares. Max’s shareholding reflects his contribution of the majority of the capital for the new company and Hymie’s portion reflects his work in setting up the company (Hymie is a self-employed solicitor). Siegfried and Larabee are officially appointed as directors of Kontrole. Hymie chooses not to become a director of the company because he is too busy in his solicitor firm. In setting up Kontrole, a clause was added in the company constitution appointing Hymie as the company solicitor, only allowing Hymie to be removed as company solicitor if he no longer holds a legal practising certificate. Hymie, Larabee, Siegfried and Max agreed on all clauses in the constitution. Siegfried and Larabee run the company’s day to day business but always consult Max over decisions and if there are any disagreements, Max’s decision usually prevails because he is the major shareholder. Hymie handles all the legal aspects of Kontrole, including regulatory compliance, drafting of contracts and contractor and supplier payments.
• The company relies on the fact that they have exclusive access to a number of high-end suppliers and use these to create unique features in their houses. These suppliers are not used by anyone else on the Sunshine Coast. The system works well and the Kontrole houses are sought after because of their unique features. Most of Kontrole’s suppliers deal with Larabee. However, “El Amador Touches” (El Amador) deal almost exclusively with Siegfried because Starker, the managing director of El Amador, has been friends with Siegfried for many years.
• Kontrole has been a very successful enterprise and has generated a significant profit each year so far. However, Max and Hymie have had a falling out and Max wants to have Hymie replaced as company solicitor. Larabee and Siegfried eventually agree to the removal of Hymie as company solicitor, giving in to Max’s demands. Max decides the best way to accomplish Hymie’s removal is to buy Hymie’s shares in Kontrole. Max, Larabee and Siegfried alter Kontrole’s constitution to allow compulsory acquisition of shareholdings of 10 percent or less of the total shareholding (making sure that all the formalities of notice and proposing and accepting resolutions are complied with). Max, Larabee and Siegfried have the company shares valued by an accredited, licensed valuer at $3,000 per share. To expedite the removal of Hymie, Max suggests they compulsorily acquire Hymie’s shares at $5,000 per share.
• The ‘Hymie affair’ is brought to a close through mediation. However, Siegfried is still upset at Max’s treatment of Hymie and resigns as director of Kontrole but retains his shares in the company. Kontrole’s latest project involves a textured finish to the walls of the some of the rooms in a house at Kilkivan. As is customary, Siegfried contracts with El Amador to apply their specialised coatings to the required walls in the house at Kilkivan. Starker hears that Siegfried is no longer a director of Kontrole but does not believe it because he and Siegfried have been friends for so long that he is certain Siegfried would tell him if he were no longer a director of Kontrole.
• Meanwhile, Larabee has found another supplier that provides finishes similar to those of El Amador, but at a significantly lower price. Consequently, Max refuses to authorise payment of El Amador after the work has been completed. Max says Siegfried does not have authority to contract with anyone on Kontrole’s behalf since Siegfried is no longer a director of Kontrole.
• Question 1.
• Is Max an officer or director of Kontrole as defined in the Corporations Act?
• Question 2.
• Can Hymie enforce the company constitution to remain the Kontrole company solicitor?
• Question 3.
• Can Hymie prevent the compulsory acquisition of his shares in Kontrole? If so, how can Hymie do this?
• Question 4.
• Does Siegfried have authority to enter into a contract with El Amador to perform work on the latest venture on Kontrole’s behalf?
• Question 5.
• Can El Amador enforce payment of the latest contract with Kontrole? If not, why not? If so, how can that best be achieved?
• End of Assessment Task 2 Scenario and Questions
• ASSIGNMENT GUIDELINES & INSTRUCTIONS
• The following guidelines are based on a review of common errors made in assignments. Students are asked to read these guidelines carefully as they will be taken into account in marking your papers.
• CONTENT AND ANALYSIS
• The focus of the assignment is on clear, accurate and concise application of the law to the fact scenario. 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. Whilst there may be a range of issues that arise on the facts, focus on the key issues required to respond to the question.
• 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;

In order to demonstrate understanding of the law, you need to apply the relevant legal principles to the facts of the case study in order to reach a conclusion;
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 arguments in a coherent and convincing manner.
Your assignment must make relevant reference to case law and legislation. Whilst you are welcome to use your preferred referencing style, footnotes are the recommended referencing format for legal writing (use the “Insert > Footnote” function in Word).
Guidelines and Recommendations:
DO NOT merely reproduce the facts given in the problem. This WILL NOT attract marks (this problem often occurs in written introductions, where it would appear that the student is not sure where to start).
DO NOT use headings such as ‘issue’, ‘law’, ‘application’. Your focus rather should be in structuring your response around the legal issues themselves (based on the questions and sub-questions). As such, focus to start with on identifying the relevant legal issues. You should then move on to both outline and apply the relevant law to the fact scenario. In doing so you should note:
DO NOT add a bibliography or reference list
It is not enough to state relevant legal principles without explicitly applying those principles to the facts
It is not enough to discuss the facts in general without any reference to the law/legal principles
Make sure you come to a conclusion on each legal issue
Statements of legal requirements/ principles must be accurate. Use of your own words is encouraged but must convey the substance (meaning of) the legal principle/s. •
Your application and analysis should include:
Statements of the relevant law including the elements requiring proof (from the legislation) and interpretation of those elements (from legislation and case authorities as appropriate)
An application of the legal requirements (elements) and their interpretation to the facts in question – after correctly identifying the relevant legal issues, this is the most important aspect of your answer
A consideration of legal remedies available to the injured party should the action be proven.
Accurate and full reference to cases and legislation must be used (see further below).
STRUCTURE AND STYLE
The following guidelines reflect the requirements of formal academic writing generally and those more specifically relevant to law.
• Executive summaries or abstracts should NOT be included.
Headings may be used (and are recommended).
• Headings should reflect the legal issues raised by the problem
• Do NOT use headings such as IRAC (issue, rule, application…)
• Do NOT use headings ‘introduction’, ‘analysis’, ‘conclusion’
• Avoid abbreviations- eg use ‘has not’ instead of ‘hasn’t’.
• Avoid informal language- eg use ‘Therefore..’ instead of ‘So..’ or ‘Well..’.
• Avoid use of emotive language- eg use ‘I argue.., “I would argue..’, ‘I assert.., or ‘I contend..’ instead of ‘I believe..’, ‘I feel..’ or even ‘I think..’.
• Be mindful that legal analysis is about logical argument based on principles as applied to the facts and not about personal responses- emotional or value-laden.
• Avoid use of ‘slang’ (or poor grammar generally)- eg use ‘should have’ instead of ‘should of’.
• An opinion may be stated but must be based upon an application of legal principle to the facts.
• Ensure you proof read your submission, checking for accurate spelling and grammar (and make use of the spelling and grammar checks available in your word processing software).
• Full sentences, containing a subject, verb and object must be used.
• When beginning a sentence with a reference to a section of legislation use ‘Section..”
• When referring to a section of legislation mid-sentence use ‘s.…’.
• When referring to a court’s finding or judgement use, for example, ‘It was held in that case that..’ or ‘The court held that..’(Note third person and past tense used).
• When first referred to in a sentence cite legislation in full, and the full name of cases plus the year of reporting. For example;
 

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