AYB230 : Corporations Law - Law Assignment - QUEENSLAND UNIVERSITY OF TECHNOLOGY

Internal Code : MAS5144 Law Assignment :

• Integrate and apply disciplinary theory and skills to practical situations.
• Identify, research and critically analyse information relevant to a business problem or issue, be able to synthesise that information in order to evaluate potential solutions, make recommendations or otherwise effectively address the problem or issue.
• Communicate effectively through written tasks appropriate to varied contexts and audiences.

Assignment Overview This assessment requires each student to write an advice to his or her manager who is a registered liquidator. The assignment builds on the skills learned in tutorials. It provides another opportunity for further feedback on your problem solving ability prior to the final exam. ? Use the ILAC method. ? You are expected to do additional, independent research beyond the textbook and lecture material in order to complete the assignment. ? You must cite legislation and case law (as appropriate) to support statements of law and your application to the facts. Present your argument / application in a clear, concise and logical manner. Make sure that you reach a conclusion. Please refer to the assessment criteria sheet for further information. ? Try to avoid making assumptions (especially about the law). If you do not understand the facts, undertake additional research prior to asking for clarification. Any general queries about the assignment can only be raised through the discussion board on Blackboard – emails to individual staff will not be answered. ? For assistance with essay writing, see the QUT cite|write website at www.citewrite.qut.edu.au Question 1 Which persons and/or entities are a director of Tech Gadgets Ltd for the purposes of the directors’ duties in sections 181-183 of the Corporations Act 2001 (Cth)? NOTE: In answering this question you are not required to determine if there is a breach of duty, whether any party has a defence available or the potential consequences of breach. Question 2 Assume that Victoria is a director of Tech Gadgets Ltd. Advise Victoria if she has breached any director duties. NOTE: In answering this question you are not required to address any defences or potential consequences of a breach of directors’ duties. NOTE: There may be more than one directors’ duty that applies here. Question 3 Assume Susan and Ben appear to have breached their duty to take reasonable care. Advise whether they would successfully raise reliance (s 189) or any defences in the Corporations Act. Question 4 Advise whether Ben has breached his duty to prevent insolvent trading. Question 5 Advise Edward whether he can personally bring proceeding against each of the directors for compensation for breach of s 588G?