© Melbourne Polytechnic 2018Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process without the written permission of Melbourne Polytechnic. (v7180118)BACHELOR OF ACCOUNTINGCORPORATIONS LAWBAC213STUDENT SUBJECT OUTLINESEMESTER 1, 2020PREPARED BY SHARON MURPHYStudent Subject Outline BAC318 Taxation Law and Compliance 2020 Semester 1 Page 1 of 19ContentsSUBJECT DETAILS 2GENERAL DETAILS 2ENROLMENT REQUIREMENTS 2STAFF CONTACTS 2SUBJECT DESCRIPTION 2SUBJECT LEARNING OUTCOMES (SLO) 3GRADUATE ATTRIBUTES (GA) 3LEARNING ACTIVITY SUMMARY 4ASSESSMENT OVERVIEW AND FEEDBACK SUMMARY 4ASSESSMENT SUBMISSION 4LEARNING RESOURCES 4SUBJECT EVALUATION QUESTIONNAIRE 5SUBJECT EVALUATION QUESTIONNAIRE RESULTS 5FREQUENTLY ASKED QUESTIONS 5SUMMARY OF FEEDBACK FROM LAST YEAR 5SCHEDULE OF LEARNING ACTIVITIES 6SESSION PLAN 6ATTENDANCE REQUIREMENTS 7TEACHING AND LEARNING ACTIVITY DETAILS 7COMMUNICATION 7STUDENT SUPPORT SERVICES 7ACADEMIC SUPPORT 7TECHNICAL SUPPORT 7STUDENT SERVICES 8POLICIES, PROCEDURES AND GUIDELINES 8EXTENSIONS, LATE SUBMISSIONS AND SPECIAL CONSIDERATION 8STUDENT ASSESSMENT – SUBMISSION 8SUBMISSION OF LATE ASSIGNMENTS 8SPECIAL CONSIDERATION 8ETHICAL CONSIDERATIONS 9ACADEMIC AND PROFESSIONAL STANDARDS 9OCCUPATIONAL HEALTH AND SAFETY 9SUBJECT MODERATION CERTIFICATE 10APPENDIX: ASSESSMENT TASKS 11ASSESSMENT 1: ONLINE MULTIPLE CHOICE QUESTIONS 11ASSESSMENT 2: ENTER HERE ASSESSMENT TYPE E.G. REPORT. 13Student Subject Outline BAC318 Taxation Law and Compliance 2020 Semester 1 Page 2 of 19Subject DetailsGENERAL DETAILS
Face to Face
BAC111 Introduction to Business Law
Assumed Skills & Knowledge:
English and Numeracy Competency
Special Study Requirements:
SUBJECT DESCRIPTIONThis subject introduces students to the theoretical and practical aspects of Corporations and Governance within an Australianlaw context. This subject will provide students with an understanding of the Australian Corporate Regulatory structure andprocesses, by examining and critically analysing roles, functions and responsibilities of all key Stakeholders such as Shareholders,Directors, Executive and Non-Executive Officers, The Australian Stock Exchange and the broader community. This subject willalso look at the importance and formal requirements of financial reports and audits throughx The judicial framework, jurisdictions and statutory bodies administering company law in Australia. Issues of corporatelaw including the concepts and principles of separate legal identity, corporate personality, limited liability, thecorporate veil, and corporations as a vehicle for fraud.x Corporations legislation, including the Corporations Act and various reforms. Types of corporations, includingclassification according to liability, proprietary and public companies, holding and subsidiary companies, foreigncompanies, related bodies corporate and trustee companies.x Requirements and procedures for establishing and dissolving corporations. Issues relating to share capital includingtypes and classes of shares, the issue and transfer of shares, disclosure of interests, liability of members, dividends,debentures, charges and ethical issues relating to the improper use of company information such as insider trading.x IƐƐƵeƐ relaƚing ƚo corporaƚe goǀernance inclƵding direcƚorƐ͛ and officerƐ͛ dƵƚieƐ and reƐponƐibiliƚieƐ͕ Ɛocial andenvironmental responsibilities, company constitutions and replaceable rules, rights of shareholders, financialdisclosure and audits.x The laws relating to dealings with people and organizations outside the company (or it agents) including criminalliability (the criminal code and torts law), negligence and contracts.Student Subject Outline BAC213 Corporations Law 2020 Semester 1 Page 3 of 19SUBJECT LEARNING OUTCOMES (SLO)
Upon successful completion of this subject, you should be able to :
1. Identify the principles and fundamental concepts of corporate law.
2. Demonstrate knowledge of the history and legislative and regulatory framework of corporate law in Australia.
3. Apply the relevant aspects of the legislation affecting corporations to ensure compliance in a variety of contextsand situations, including the compliance with ethical standards.
4. Research, assess and critically analyse corporate laws within the context of the changing needs of contemporarysociety.
GRADUATE ATTRIBUTES (GA)
The following Graduate Attributes (GAs) are evaluated in this subject:
Graduates of a Melbourne Polytechnic degree course will have:
Subject LearningOutcomesexamined (referabove)
A systematic and coherent body of knowledge of the underlyingprinciples and concepts of the field
1, 2, 3, 4 and 5
Communication and problem-solving skills
1,2, 3 4, 5 and 6
The academic skills and attributes necessary to undertake research,comprehend and evaluate new information, concepts and evidencefrom a range of sources
The ability to review, consolidate, extend and apply the knowledgeand techniques learnt, including in a professional context
1, 2, 3, 4, 5 and 6
A foundation for self-directed and lifelong learning
1, 2, 3, 4, 5 and 6
The interpersonal and teamwork skills appropriate to employmentand/or further study
1, 2, 3, 4, 5 and 6
Graduates of the Bachelor of Accounting will be able to:
1. Identify, discuss and integrate theoretical principles relevant toaccounting and apply those principles in a range of practices.
1,2,3 and 4
2. Apply critical thinking, evaluation, reflection and problem solvingskills in the integration and application of theoretical and technicalaccounting knowledge.
2, 3 and 4
3. Evaluate information, synthesis relevant issues and undertakeresearch in accounting and other contexts to make professional andethical judgements to solve a range of accounting problems.
3 and 4
4. Interpret, communicate and present ideas, problems and accountingadvice to a range of audiences.
2, 3 and 4
5. Working independently and collaboratively, recognise and creativelyresolve a range of accounting issues and business problems.
2, 3 and 4
6. Recognise and reflect on ethical issues and apply local, national andinternational perspectives to a range of accounting issues, problemsand practices.
2, 3 and 4
7. Reflect on performance feedback to identify and action learningopportunities to develop further intellectual independence,cognisant of new technologies.
1, 2,3 and 4
Student Subject Outline BAC213 Corporations Law 2020 Semester 1 Page 4 of 19LEARNING ACTIVITY SUMMARY
Week 1 – 13
ASSESSMENT OVERVIEW AND FEEDBACK SUMMARY
All assessments (except for final examination) and feedback are provided via the MOODLE site and in classes.
In class test
See timetablefor dateconfirmation
1,2, 3, 4.
ASSESSMENT SUBMISSIONIn Class Test: Online Multiply choice test held in week 4, opens Fri 27/03/20 and closes Fri 03/04/20. MCQ test coveringWeeks 1-3/Modules 1-3. Students will have 1 hr to complete 20 questions.Case Study: Groups of 2 students researching a Company law case from Modules 2-9. Submitting a written case notefollowing the IRAC method.Final Exam: Covers all topics taught in the subject. The exam is 2 hours writing time and 15 minutes reading time. Precisestructure and topics to be reviewed will be given in the week 13 class.As per the Melbourne Polytechnic Assessment Policy, if you require an extension requests must be submitted using theHigher Education Request for Assessment Extension form or using the Application for Special Consideration form (availableon the Higher Ed Rules & Policies page of the Student Portal) along with evidence to support the request. Requests must bemade prior to the due date. Assessment items that are submitted after the due date without an approved request forextension and/or special consideration will be penalised at the rate of 5% off the mark awarded per day for a total of 10working days. If the assessment item is received after 10 working days past the submission date, the item will not bemarked and will attract a fail grade. For further information refer to the Assessment Policy (available on the MelbournePolytechnic website).If you are having difficulties with an assessment, including submitting via the Moodle subject site or Turnitin, please contactyour lecturer as soon as possible.LEARNING RESOURCESPrescribed textWong, A, Baumfield, R, Copp, P, Cunningham, R & Harpur, P, 2017, COMPANY LAW: An Interactive Approach, Wiley, Milton,QLD.Student Subject Outline BAC213 Corporations Law 2020 Semester 1 Page 5 of 19Subject Evaluation QuestionnaireSUBJECT EVALUATION QUESTIONNAIRE RESULTSMelbourne Polytechnic is committed to the principle of continuous improvement, and your feedback and opinions will assistMelbourne Polytechnic in providing the best possible teaching and learning experience.At the end of the semester, you will be asked to complete a Subject Evaluation Questionnaire (SEQ). The surveys are voluntaryand completely anonymous but we strongly encourage you to take the opportunity to tell us about your learning experiencesin this subject.All feedback is valued and taken seriously. It helps us to improve the learning experience for future students.FREQUENTLY ASKED QUESTIONS
Why do I need to do the SEQ?By doing the SEQ, students let the Lecturer/Tutor know their thoughts about how the subject is being taughtsuch as the pace of teaching, difficulties in understanding, the need for more examples, etc.
What are the benefits of the SEQ?The SEQ capƚƵreƐ all ƐƚƵdenƚƐ͛ feedback Ɛo ƚhaƚ all ƐƵbjecƚƐ in ƚhe School are reǀiƐed ƚo meeƚ ƚhe needƐ of studentsin general͘ Wiƚh each ƐemeƐƚer͕ improǀemenƚƐ can be made and aligned ƚo meeƚ ƐƚƵdenƚƐ͛ eǆpecƚaƚionƐ͘
Is my feedback anonymous?YeƐ͕ all ƐƚƵdenƚƐ͛ feedback iƐ anonǇmoƵƐ͘ All ƐƚƵdenƚƐ are giǀen an opƚion ƚo haǀe ƚheir idenƚiƚǇ made knoǁn in theSEQ system, if they wish. All feedback is accepted with an open mind in Melbourne Polytechnic.
How will doing the SEQ benefit me?BǇ doing ƚhe SEQ͕ ƚhe LecƚƵrerͬTƵƚor iƐ able ƚo knoǁ ƐƚƵdenƚƐ͛ concernƐ aboƵƚ a ƐƵbjecƚ͘ ImproǀemenƚƐ andrefinement are made in response to their feedback. Students who give feedback via SEQ about their subjects willbenefit future students of this same subject, just as you have benefitted from changes to the subject followingfeedback from past students.
SUMMARY OF FEEDBACK FROM LAST YEARSharon is amazing in the way she teaches us.Sharon explains the law well and gives us good examples to understand how the rules apply to our course and professions.I am learning law to kick some butt.The teacher is good and gives examples about the topic.The lecturer is very interactive with good real-life examples and humor! Love it!Student Subject Outline BAC213 Corporations Law 2020 Semester 1 Page 6 of 19Schedule of Learning ActivitiesSESSION PLAN
Resources and Readings
Assessment / TutorialActivities
Note: The Higher Education Semester comprises 13 Teaching Weeks and a 1 week mid-semester break,followed by a 1 week Study Vacation and Examination Period.
Concepts of a companyIntroduction to Companies and Concepts ofCompanies.
Module 1-2in Wong,Baumfield, Copp,Cunningham and Harpur(WBCCH)
Introduction to the courseand assessments.No tutorial questions.
Rules of a CompanyWhy, What, How and Who
Module 3 in WBCCH
Revision of Module 1-2tutorial questions 1-4 andcase study Q1.
Companies, Outsiders, Corporate Lability
Module 5 in WBCCH
Revision of Module 3tutorial questions 1-4 andcase study Q1.
Revision – week 1-3 (modules 1-5)1hr, 20%, Online MCQ test covering weeks 1-3, opens 27/03 and closes 03/04.
Revision of Modules 1-5 toprepare for the MCQ.
Revision of Module 5tutorial questions 1-5 andcase study Q1.
Membership͕ Members͛ poǁers͕ diǀidends͘Corporate governance and management
Module 6- 7 in WBCCH
No tutorial questions.
Group interviews- feed forward for casestudies.(mid-semester break 13-19/04/2020)
No tutorial questions.Cases study preparation.
Directors ADuty of Care and Fiduciary DutiesCase study, 30% due 24/04/2020.
Module 8 in WBCCH
Revision of Module 6-7tutorial questions 1-4 andcase study Q1.
Module 9 in WBCCH
Module 8-9 tutorialquestions 1-4 and casestudy Q1.
Corporate Finance: Debt and Equity
Module 10 in WBCCH
Module 10 tutorialquestions 1-5 and casestudy Q1.
Members͛ rights and remedies
Module 11 in WBCCH
Module 11 tutorialquestions 1-4 and casestudy Q1.
Receivership and Administration
Module 12 in WBCCH
Module 12 tutorialquestions 1-4 and casestudy Q1.
Insolvency- Winding up a CompanyTest in- class feedback and results.
Module 13 in WBCCH
Week 13 tutorialquestions 1-4 and casestudy Q1.
Revision questions inclass.
Written Exam -2 hours
Student Subject Outline BAC213 Corporations Law 2020 Semester 1 Page 7 of 19ATTENDANCE REQUIREMENTSIt is important that you attend all classes scheduled. Missing a class in this subject will mean you will lose continuity and willhave difficulty keeping up with the work. If you are not able to attend classes due to illness or some unforeseencircumstances, you must email your lecturer within 48 hours of class finishing time.TEACHING AND LEARNING ACTIVITY DETAILSStudents will actively participate and be engaged through different teaching methods, which may include:x Lecturer presentations on principles and practice.x Student discussions on examples of principles and practice as applied in sample works.x Practical exercises that develop skills by applying the principles and theories.x Personal explorations of principles and practice through further reading.x Review and reflection using selected assessment and tutorial activities.All subject information, including this Subject Outline and details of the specific learning activities, such as interactive onlinetutorial exercises, written work, readings, &c., are available on Moodle.Times and rooms are subject to change. To view the full time and location details for learning activities in this subject,please ensure you seek further information available on Moodle.You should also regularly check [at least once per week] ƚhe ƐƵbjecƚ͛Ɛ Moodle site (where applicable) for updatedinformation.COMMUNICATIONThe Moodle site for this subject is the primary means of communication within the subject. All official personalcommunications will be via your Melbourne Polytechnic student email account, e.g. S000999@students.mp.edu.au. It iseach ƐƚƵdenƚ͛Ɛ reƐponƐibiliƚǇ ƚo check ƚheir ƐƚƵdenƚ email accoƵnƚ and mainƚain ƚhe cƵrrencǇ of forǁarding rƵleƐ creaƚedwithin it.Student Support ServicesACADEMIC SUPPORTx First point of contact is your tutor or lecturer via Moodle.x You will be advised of consultation hours for this subject and the best means for contacting teaching staff.x Contact details for relevant staff are provided in the introductory section of this subject outline.x Access to the library and library resources is via the Melbourne Polytechnic Library website.TECHNICAL SUPPORTx Moodle technical support is available by emailing the Moodle Helpdesk or the Library.x Turnitin and library resources help is available at the Library/Student Information Centre on your campus.x Student Portal and Melbourne Polytechnic student email technical support is available through the Student Portalor by emailing the helpdesk.
Semester 1 Results Released
Student Subject Outline BAC213 Corporations Law 2020 Semester 1 Page 8 of 19STUDENT SERVICESx Student Services offer a wide range of support services to assist students at Melbourne Polytechnic. Furtherinformation is available through the Student Portal.Policies, Procedures and GuidelinesMelbourne Polytechnic operates by a series of rules and policies ensuring that standards are applied across all areas. Youshould familiarise yourself with those policies, procedures and guidelines likely to affect you especially the following:x Credit (HE) Policyx Student Academic Progress (HE) Policyx Assessment (HE) Policy [includes Supplementary Assessment, Re-assessment of Result (HE) Application, AssessmentExtension (HE) Request and Special Consideration]x Student Academic Integrity Policyx Information Technology Usage (Students) Policyx Occupational Health and Safety Policyx Student Code of Conduct Guidelinesx Student Complaints and Appeals Policy and Procedurex Student Discipline Policyx Student Equal Opportunity Discrimination and Harassment Policyx Student Privacy Statementx Supporting Students with Disabilities PolicyThe relevant policies, procedures and guidelines are located on the Melbourne Polytechnic Policies and Procedureswebpage.Extensions, Late Submissions and Special ConsiderationSTUDENT ASSESSMENT – SUBMISSIONAll assignments mƵƐƚ be ƐƵbmiƚƚed ǀia ƚhiƐ ƐƵbjecƚ͛Ɛ Moodle Ɛiƚe͘ You are encouraged ʹ and may be required ʹ to useTurnitin check for authenticity and originality prior to submission of your written assignments.SUBMISSION OF LATE ASSIGNMENTSAssessment items that are submitted after the due date without an approved request for extension will be penalised at therate of 5% of the mark awarded per day for a total of ten working days. If the assessment item is received after this time ornot submitted, the item will not be marked and attract a fail grade.Higher Education Request for Assessment Extension Form is available through the Policies and Procedures webpage oryour Course Administration Office.SPECIAL CONSIDERATIONIf you feel your work, including assessments at any time during the academic year is being affected to a significant degreeby illness, loss/bereavement, or hardship/trauma you may be eligible for special consideration.Students who wish to apply for special consideration are advised to discuss the circumstances with the Head of Program inthe first instance. All requests for special consideration must be submitted using the Special Consideration (HE) and SpecialConsideration Medical Impact (HE) Statement forms. All applications for Special Consideration must be accompanied bydocumentation that verifies the circumstances cited by the applicant and that these are eligible grounds for the application.Application for Special Consideration can be made in accordance with the special consideration provisions of theAssessment (HE) Policy.Student Subject Outline BAC213 Corporations Law 2020 Semester 1 Page 9 of 19Ethical ConsiderationsIf research is required for this subject, please refer to the Australian Code for the Responsible Conduct of Research andAMSRS Code of Professional Behaviour.Academic and Professional StandardsPlagiariƐm iƐ ƚhe inclƵƐion of anoƚher perƐon͛Ɛ ǁork ǁiƚhin ǇoƵr ƐƵbmiƐƐion ǁiƚhoƵƚ acknoǁledgmenƚ or permiƐƐion͘ Whilelimited amounts of information and concepts expressed by others may be included as part of your work, each inclusionmust be identified by appropriate referencing and acknowledgement to the original author. Plagiarism is regarded as aform of cheating. The penalties associated with misconduct are severe, and plagiarism may result in failure or variation ofgrade in the subject.You should familiarise yourself in particular with the Melbourne Polytechnic Student Academic Integrity (HE) Policy; thisand other relevant polices are available from the Melbourne Polytechnic website.Occupational Health and SafetyAll staff and students working in the College must be informed of potential hazards in the workplace and have appropriateaccess ƚo informaƚion and ƚraining ƚo redƵce ƚhoƐe riƐkƐ aƐ far aƐ pracƚicable͘ Iƚ iƐ MP͛Ɛ reƐponƐibiliƚǇ ƚo proǀide anenǀironmenƚ ǁhich iƐ ͞Ɛafe and ǁiƚhoƵƚ riƐk ƚo healƚh͟ and ƚhe reƐponƐibiliƚǇ of all perƐonƐ ǁho enƚer ƚhe ǁorkplace ƚocomply with the safety rules and procedures explained to them.Your cooperation in understanding and helping to maintain the high standard of safe work practice achieved by the Collegeis essential. Failure to do so can lead to avoidable accidents and /or MP being liable for prosecution.Student Subject Outline BAC318 Taxation Law and Compliance 2020 Semester 1 Page 11 of 19Appendix: Assessment TasksASSESSMENT 1: ONLINE MULTIPLE CHOICE QUESTIONSWeighting: 20% final markDue Date: Quiz open Friday 27 March at 9am and closes Friday 3 April at 11.59pm.Submission: Choose an item.Word limit: NASubject Learning Outcomes Assessed: 1 and 2Student Subject Outline BAC213 Corporations Law 2020 Semester 1 Page 12 of 19Marking criteria Assessment 1: In Class Test: Online Multiply choice test held in week 4, opens Fri 27/03/20 and closes Friday03/04/20. MCQ test covering Weeks 1-3/Modules 1-3. Students will have 1 hr to complete 20 questions, 1 mark per correctresponse. Only one response is correct.Student Subject Outline BAC213 Corporations Law 2020 Semester 1 Page 13 of 19ASSESSMENT 2: ENTER HERE ASSESSMENT TYPE E.G. REPORT.Weighting: 30% final markDue Date: 24/04/2020Submission: Choose an item.Word limit: 1500 approxSubject Learning Outcomes Assessed: 3 and 4Student Subject Outline BAC213 Corporations Law 2020 Semester 1 Page 14 of 19Marking criteria Assessment 2:PURPOSE ANDLINKS TOSUBJECTLEARNINGOUTCOMESThe purpose of this assessment is for students to learn how to apply the IRAC method to write acase study. Students will learn;x A systematic and coherent body of knowledge of the underlying principles and conceptsof the Company Law,x Communication and problem-solving skills,x Academic skills and attributes necessary to undertake research, comprehend andevaluate new information,x Concepts and evidence from a range of sources,x A foundation for self-directed and lifelong learning,x Interpersonal and teamwork skills appropriate to employment and/or further study.QUESTION/TOPIC CASE STUDY- (Your case will be allocated by the lecturer once your group is formed)A law case study is research conducted on a case that has been resolved.It is a method of self-learning, so that students can understand how court proceedings are doneand gain a better understanding of the laws used in their chosen profession.PROJECTINSTRUCTIONS:Couples (choose a partner to do the assessment with), inform the lecturer ASAP of the people ingroup.The lecturer will then allocate your group a case to:x Research and study and,x Submit a fully written assessment of the case submitted via turn-it-in.Your case is found https://www.austlii.edu.au/The aVVigQmeQW mXVW be iQ Whe IRAC meWhRd (Vee µHRZ WR ZUiWe a CaVe SWXd belRZ)The assignment should finish with a short discussion on the role, purpose and scope of the caseiQ WRda¶V CRUSRUaWiRQV LaZ.ASSESSEMENT CASESx Gambotto v WCP Ltd (1995)x Shafron v Australian Securities and Investments Commission  HCA 18 (3 May2012)x Asic v Vines  NSWSC 760 (2 August 2006)x Asic v Adler and 4 Ors  NSWSC 483 (30 May 2002)x Beck v Weinstock  HCA 15 (1 May 2013)x Hall and Ors v Poolman and Ors  NSWSC 1330 (23 November 2007)x Asic v Rich and Ors  NSWSC 186 (21 March 2003)HRZ WR ZUiWe a CaVe SWXd UVing Whe ³IRAC´ MeWhRdx When writing a case study, your goal is to reduce the information from the case into aformat that will provide you with a helpful reference in class and for review.x Most importantly, you will grasp the problem the court faced (the issue); the relevant lawthe court used to solve it (the rule); how the court applied the rule to the facts (theStudent Subject Outline BAC213 Corporations Law 2020 Semester 1 Page 15 of 19aSSlicaWiRQ RU ³aQalViV´); aQd Whe RXWcRme (Whe cRQclXViRQ). BefRUe aWWemSWiQg Wheassessment, read the case at least once.FRllRZ Whe ³IRAC´ meWhRd iQ bUiefiQg caVes:FactsWrite a summary of the facts as the court found them to be. Eliminate facts that are not relevant toWhe cRXUW¶V aQalViV. FRU e[amSle, a bXViQeVV¶V VWUeeW addUeVV iV SURbabl QRW UeleYaQW WR Whe cRXUW¶Vdecision of the issue of whether the business that sold a defective product is liable for the resultinginjuries to the plaintiff.However, suppose a customer who was assaulted as she left its store is suing the business. Thecustomer claims that her injuries were the reasonably foreseeable UeVXlW Rf Whe bXViQeVV¶V failXUe WRprovide security patrols.If the business is in an upscale neighbourhood, then perhaps it could argue that its failure to providesecurity patrols is reasonable. If the business is in a crime-ridden area, then perhaps the customeris right. Instead of including the street address in the case brief, you may want to simply describethe type of neighbourhood in which it is located.IssueWhat is the question presented to the court? Usually, only one issue will be discussed, butsometimes there will be more. What are the parties fighting about, and what are they asking thecourt to decide? For example, in the case of the assaulted customer, the issue for a trial court todecide might be whether the business had a duty to the customer to provide security patrols.The answer to the question will help to ultimately determine whether the business is liable fornegligently failing to provide security patrols: whether the defendant owed plaintiff a duty of care,and what that duty of care is, are key issues in negligence claims.Rule(s)Determine what the relevant rules of law are that the court uses to make its decision.These rules will be identified and discussed by the court. For example, in the case of the assaultedcXVWRmeU, Whe UeleYaQW UXle Rf laZ iV WhaW a SURSeUW RZQeU¶V duty to prevent harm to invitees isdetermined by balancing the foreseeability of the harm against the burden of preventive measures.There may be more than one relevant rule of law to a case: for example, in a negligence case inwhich the defendant argues that the plaintiff assumed the risk of harm, the relevant rules of lawcRXld be Whe elemeQWV Rf QegligeQce, aQd Whe defiQiWiRQ Rf ³aVVXmSWiRQ Rf UiVk´ aV a defeQVe.DRQ¶W jXVW VimSl liVW Whe caXVe Rf acWiRQ, VXch aV ³QegligeQce´ aV a UXle Rf laZ: What rule must thecourt apply to the facts to determine the outcome?Application/AnalysisThis may be the most important portion of the brief.The cRXUW Zill haYe e[amiQed Whe facWV cRQVideUiQg Whe UXle, aQd SURbabl cRQVideUed all ³VideV´and arguments presented to it.How courts apply the rule to the facts and analyse the case must be understood to properly predictoutcomes in future cases involving the same issue. What does the court consider to be a relevantfact given the rule of law?How does the court interpret the rule: for example, does the court consider monetary costs ofproviding security patrols in weighing the burden of preventive measures?Student Subject Outline BAC213 Corporations Law 2020 Semester 1 Page 16 of 19Does the court imply that if a business is in a dangerous area, then it should be willing to bear ahigher cost for security?Resist the temptation to merely repeat what the court said in analysing the facts: what does it meanto you?SXmmaUi]e Whe cRXUW¶V UaWiRQale iQ RXU RZQ ZRUdV. If RX eQcRXQWeU a ZRUd WhaW RX dR QRW kQRZ,use a dictionary to find its meaning.ConclusionWhat was the outcome of the case?IQ RQe RU WZR VeQWeQceV, VWaWe Whe cRXUW¶V XlWimaWe fiQdiQg.For example, the business did not owe the assaulted customer a duty to provide security patrols.Finish with a short discussion on the role, purpoVe aQd VcRSe Rf Whe caVe iQ WRda¶V CRUSRUaWiRQVLawStudent Subject Outline BAC213 Corporations Law 2020 Semester 1 Page 17 of 19Marking Rubric included belowGroup AssignmentRubric CriteriaHigh Distinction80% –Distinction70%- 79%Credit60-69%Pass50-59%Fail0-49%Written Assignment:Identify the facts ofthe case/20All of the facts areclearly andaccurately detailedwith reference tocases with similarfacts. Little to nogrammatical,spelling, referencingerrors.All of the facts areclearly andaccurately detailed.A few minorgrammatical,spelling, referencingerrors.All of the relevant lawis clearly andaccuratelysummarised. A fewgrammatical,spelling, referencingerrors.Some of the facts areclearly andaccurately outlined inbrief. Manygrammatical,spelling, referencingerrors. Referencingattempts made butincorrect.The facts are notclearly or accuratelyoutlined. Mostlyunable to beunderstood due tomany grammatical,spelling, errors.Referencing missing.Written Assignment:Explain the relevantlaw relating to thecase/20All of the relevant lawis clearly andaccurately detailed,and the Act andrelated cases arereferenced anddiscussed. Little tono grammatical,spelling, referencingerrors.All of the relevant lawis clearly andaccurately detailed.A few minorgrammatical,spelling, referencingerrors.Most of the relevantlaw is clearly andaccuratelysummarised. A fewgrammatical,spelling, referencingerrors.Some of the relevantlaw is clearly andaccurately outlined inbrief. Manygrammatical,spelling, referencingerrors. Referencingattempts made butincorrect.The relevant law isnot clearly oraccurately outlined.Mostly unable to beunderstood due tomany grammatical,spelling, errors.Referencing missing.Written Assignment:Discuss the legalarguments raised bythe parties in case/20All the legalarguments areclearly andaccurately detailed,and there is asynthesis with therelevant law. Little tono grammatical,spelling, referencingerrors.All the legalarguments areclearly andaccurately detailed.A few minorgrammatical,spelling, referencingerrors.Most of legalarguments areclearly andaccuratelysummarised. A fewgrammatical,spelling, referencingerrors.Some of the legalarguments areclearly andaccurately outlined inbrief. Manygrammatical,spelling, referencingerrors. Referencingattempts made butincorrect.The legal argumentsare clearly oraccurately outlined.Mostly unable to beunderstood due tomany grammatical,spelling, errors.Referencing missing.Written Assignment:Summarise thejudgement /conclusion of the case/20The decision of thejudge is accuratelydetailed with referenceto any dissentingjudgements orprecedents. Little to nogrammatical, spelling,referencing errors.The decision of thejudge is accuratelydetailed. A few minorgrammatical, spelling,referencing errors.The decision of thejudge is accuratelysummarised insummary format. Afew grammatical,spelling, referencingerrors.The decision of thejudge is accuratelyoutlined in brief. Manygrammatical, spelling,referencing errors.Referencing attemptsmade but incorrect.The decision of thejudge is inaccurate orincomplete. Mostlyunable to beunderstood due tomany grammatical,spelling, errors.Referencing missing.Written Assignment:Illustrate the role,purpose and scope ofthe case. ͞Hoǁ or WhǇis this case useful inƚodaǇ͛Ɛ CompanǇLaǁ͍͟/20The role, purpose, andscope of the case wasperfectly clear, logical,formatted, andgrammatically correct.Little to nogrammatical, spelling,referencing errors.The role, purpose, andscope of the case wasperfectly clear, logical,formatted, andgrammatically correct.A few minorgrammatical, spelling,referencing errors.The role, purpose, andscope of the case wasvery clear, logical,formatted, andgrammatically correct.A few grammatical,spelling, referencingerrors.The role, purpose, andscope of the case wasclear, logical,formatted, andgrammatically correct.Many grammatical,spelling, referencingerrors. Referencingattempts made butincorrect.The role, purpose, andscope of the case wasabsent. Mostly unableto be understood dueto many grammatical,spelling, errors.Referencing missing.ASSESSMENT TOTALStudent Subject Outline BAC213 Corporations Law 2020 Semester 1 Page 18 of 19
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