Corporate Law

Course aim

The course aims to provide students with understanding of the nature of the corporation and its differences from other forms of buisness organisation, including partnerships and associations, as well as the core principles and regulatory framework of corporate law in Australia. The course will involve a study of both common law and statutory materials. Given that this area of law is heavily informed and shaped by statute, a close study will be made of relevant statutes. Students who complete this course will be able to locate, understand and apply relevant Australian legislation and related case law to problems, and effectively and appropriately communicate the law.

Course content

• The nature of the corporation and its differences from other forms of business organisation including partnerships and associations;
• The social and legal context of Australian corporations law;
• The structure and interpretation of the Corporations Act 2001 and the role and powers of ASIC;
• Incorporation and its effects, legal personality and limited liability;
• Company formation and the duties and liabilities of promoters;
• The corporate constitution and the replaceable rules;
• Corporate liability in contract, tort and crime;
• Rights of members and the place of meetings in the corporation;
• Share capital and debt capital;
• Directors’ and officers’ duties
• Members’ remedies
• An introduction to external administration and insolvency of companies.

Textbook(s)

Jason Harris, Karen Petch, Kerry Abadee, Alexandra Pieniazek 2024, Corporations Legislation , current, ThomsonReuters

Lipton, Herzberg, Saunders & Robinson 2024, Understanding Company Law, 22nd , ThomsonReuters

Prerequisite(s)

Common to all relevant programs
Subject Area & Catalogue Number	Course Name
LAWS 1029	Contracts
LAWS 1030	Law, Governance and Citizenship
LAWS 1032	Torts

Corequisite(s)

Nil

Teaching method

Component	Duration
INTERNAL, CITY WEST
Lecture	2 hours x 10 weeks
Tutorial	2 hours x 10 weeks

Note: These components may or may not be scheduled in every study period. Please refer to the timetable for further details.

Assessment

Examination, Problem solving exercise, Test/Quiz

Fees

EFTSL*: 0.125
Commonwealth Supported program (Band 4C)
To determine the fee for this course as part of a Commonwealth Supported program, go to:
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Fee-paying program for domestic and international students
International students and students undertaking this course as part of a postgraduate fee paying program must refer to the relevant program home page to determine the cost for undertaking this course.

Non-award enrolment
Non-award tuition fees are set by the university. To determine the cost of this course, go to:
How to determine the relevant non award tuition fee. (Opens new window)

Not all courses are available on all of the above bases, and students must check to ensure that they are permitted to enrol in a particular course.

* Equivalent Full Time Study Load. Please note: all EFTSL values are published and calculated at ten decimal places. Values are displayed to three decimal places for ease of interpretation.