Company Law

Overview

This unit examines the law governing the incorporation, regulation and operation of Australian companies. It includes the rights and obligations of those who operate or deal with companies and those of its members. Students are enabled, through the study of cases, statutes and other material, to acquire an understanding of, and competence in, Australian company law and policy.

Unit learning outcomes

Students who successfully complete this unit will be able to:

1. Evaluate Australian company law in a broader regulatory, social or economic context
2. Locate and interpret relevant legislation and case law and apply it to a given factual scenario
3. Communicate with clients and others to advise them about their rights and obligations in terms of identified company law
4. Conduct company law related research and use the results of that research in the synthesis of a legal argument
5. Work as a group to produce a cogent argument based in company law and communicate the argument to others

Teaching methods

Hawthorn

Assessment

Content

• The corporate personality and incorporation process
• The internal structure, governance, administration and management of companies
• The corporate constitution
• Criminal and civil liability
• Corporate contracting and liability
• Share capital and membership
• Duties and liabilities of directors and officers
• Corporate finance, credit and security arrangements
• Members remedies
• Insolvency, winding up and creditors remedies