law

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1 Research Assignment

LAW00004 Company Law

session 2 2015

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2

Research Assignment

Weighting: 50%

Due Date: 18th August 2015

Submission method: turnitin

Length: 2400 words

The headings, footnotes, bibliography

& coversheet do not form part of the word count.

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3 Research Assignment

Go to blackboard –

Research Assignment Details

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4 Marking Criteria

The assignment will be marked according to the

following criteria:

• Research (40%)

• Analysis (50%)

• Technical aspects (10%)

Go to the assessment details on blackboard.

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5 Research Assignment

Assignment Structure

• Introduction

• body and

• conclusion.

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6 Research Assignment

• The focus is on the terms ‘good faith’ and ‘proper

purpose’ as they are used together in the

Corporations Act 2001 (Cth).

• In particular — the use of ‘good faith’ and ‘proper

purpose’ as used in the composite term “good

faith for a proper purpose”.

• Give 3 examples to demonstrate the term as a

corporate governance mechanism

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7 Research Assignment

Consider using subheadings to identify to the

reader (and importantly the marker) what you

are discussing. For example

• Introduction

• ‘Good faith for a proper purpose’.

• Three examples as corporate governance

mechanisms

• Conclusion

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8 Research Assignment • As the name ‘research Assignment’ suggests

your discussion and analysis should be

supported by a depth of research.

• Important: note the marking criteria.

• To avoid plagiarism you will need to cite the

source of the information.

• You are expected to cite the research, including

cases that discuss the term

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9 **Read the Assignment Topic carefully.

• Note the specific requirements: in particular the

words ‘With reference to the above statement,

case law and the Corporations legislation’

• Do not forget about the assignment statement.

• Focus on Australian law (but English law could

also be relevant).

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10 Research

• The main focus of you discussion should be on

explaining the term ‘good faith for a proper purpose"

• Your research should include cases and

commentary.

• Case law assists to demonstrate the legal

principles.

• The commentary should include text books and

journal articles.

• Avoid writing out large extracts from the legislation.

• Avoid writing out large extracts from the cases.

• Use cases & material to support your own

discussion

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11 'Research Assignment’ –

Case Law

• Aim at discussing ‘case law’ under each of the

examples used.

• Case law will assist to demonstrate your

understanding and explanation of the terms

‘good faith” & “proper purpose“ and its role as a

corporate governance mechanism.

• The term ‘case law’ includes general law cases

and cases that interpret the relevant statutory

provisions.

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12 'Research Assignment’ – case law

• You are not expected to do in depth case analyses.

• When discussing cases avoid going off tangents. Stay

connected with the assignment topic.

• For the purpose of the assignment the main thing you

should get from the cases is the legal principles (what

the law is).

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13 Assignment & case law

• For example in Swansson v Pratt Properties [2002]

NSWSC 583 (Justice Palmer) discusses the

requirement of good faith.

• It is helpful to provide a brief description (one line)

what the case was about and proceed to discuss the

legal principles noted in the case.

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14 Referencing

• If you are using Harvard use a bibliography (all

sources consulted).

• If you use footnotes (AGLC3) use a reference list (only

sources cited).

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15 How do I reference the

Corporations Act? • Corporations Act 2001 (Cth) (hereinafter

called Corp.Act)

• s 124 Corporations Act 2001 (Cth)

• ss 124 and 125 Corporations Act 2001

(Cth)

• NB* See the document located in

blackboard/Other Resources/Example

referencing.

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16 Pinpoint Referencing - Cases

• 'Garkawe v Smith [1997] HCA 52' is fine

for the reference list.

• However when you reference it in your

discussion you should identify the

judgment and paragraph number. This is

essential for direct quotes.

• For example Garkawe v Smith [1997]

HCA 52 [92] (Kirby J).

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17 How to reference for partnership

material in MyReadings (VL)?

•The reference is Lindgren, K E,

‘Vermeesch and Lindgren's

Business Law of Australia - 12th ed,

LexisNexis 2011.

•Pinpoint – add page number.

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18 Is it ok to reference wikipedia?

• It is preferred if you research from an

authoritative source.

• If you are using content from Wikipedia you

will have to reference it otherwise you may

find yourself facing questions regarding

academic misconduct (plagiarism).

• Students who use Wikipedia as their main

source of information may find it difficult to

satisfy the research requirements of the

assessment task.

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19 Corporations Act 2001 (Cth)

• GO TO www.austlii.edu.au:

• Cth Legislation:

• Consolidated Acts:

• ‘C’: Corporations Act 2001 (Cth)

via Table of provisions, familiarise self with the contents.

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20 Locating cases via austlii

• Try the 'noteup' tool in austlii.

• For example ‘Go to’ the Corporations Act 2001

(Cth) in www.austlii.edu.au

• open a relevant sections.

• check on the 'note-up' tab

• view the cases.

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21 Relevant Jurisdiction?

• Ensure your research applies to Australian

law. Some laws will be different in different

jurisdictions (eg. fiduciary law in the USA is not

the same as Australia. There are similarities

and there are also differences.

• UK law is fine but avoid citing the US position

unless you are able to do a comparative

analysis or are confident that what is said will

apply to Australia.