Company Law Research  Middleton J in ASIC v Healey [2011] Case Study - Law Assignment Help

Assignment Task

Company Law Research Assignment Details

• As stated by Middleton J in ASIC v Healey [2011] FCA 717 at [14]:
• A director is an essential component of corporate governance. Each director is placed at the apex of the structure of direction and management of a company...The role of director is significant as their actions may have a profound effect on the community, and not just shareholders, employees and creditors.
• With reference to the above, case law and statute as necessary, analyse:
• the equitable fiduciary duties and the statutory equivalents, contained in the Corporations Act 2001 (Cth), that directors are subject to;
• the impact of s 185 of the Corporations Act 2001 (Cth);
• to whom these duties are owed in corporations' law and why?; and
• the role these fiduciary and statutory obligations play in regulating corporate governance?
• Research
• This assignment requires a comprehensive review of the primary law sources (legislation, case law) as well as a review of secondary sources (for example textbooks, journal articles, case commentary, explanatory memoranda, Law Reform Commission reports). The research should clearly identify the relevant issues and legal principles and support the analysis. In doing so, the work of others should be correctly referenced and appropriately acknowledged.
• Analysis
• The information gathered should be analysed to evaluate the relevant legal principles. The argument should be developed logically through clear analysis and application of the relevant legal principles to resolve the issue(s). This analysis should also:
• integrate and evaluate relevant knowledge from the material covered in this unit
• develop and sustain a concise and convincing legal argument through to a logical conclusion, and
• importantly, answer the specific question asked.
• Technical aspects
• The paper should:
• correctly reference and acknowledge sources. Please note the reference system adopted in this assignment can be either the AGLC 3 (Australian Guide to Legal Citation 3rd ed) or the Harvard referencing system. The referencing system adopted must be used correctly and consistently;use fluent, clear, concise writing that contains clear expression, correct grammar, syntax, sentence structure and spelling; and
• use headings and subheadings (where appropriate), an introduction, conclusion and bibliography or reference section.

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