2020 corporate law assignment PDF

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Download 2020 corporate law assignment PDF

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2020 BLAW20001

CORPORATE LAW

COMPULSORY ASSIGNMENT IMPORTANT NOTES FOR STUDENTS

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Due Date

The assignment is due at 9am on Wednesday 29 April 2020

Submission:

Your answer must be submitted through the subject page by the due date to be considered for assessment. Instructions on submitting your answer via the subject page will be posted on the subject page. Papers cannot be submitted via email or in hard copy to the Melbourne Law School Academic Support Office or any member of the teaching staff.

Late Submission:

If an answer is submitted late, a marking penalty (Code 1) will be imposed and calculated as follows:5% of the marks available for the assignment will be deducted for every day, or part thereof, beyond the due date for submission (or any extension granted). Please refer to pages 10 to 11 of the Reading Guide for further information.

Word Limit

The maximum word limit for the whole assignment is 1,000 words - Code 1 applies. This means that any excess words will incur a marking penalty (i.e. there is absolutely no leeway for exceeding the word count without penalty). The marking penalty will be calculated as follows:-

WORDS

PENALTY

1,000 – 1,049

0.5 mark

1,050 – 1,100

1 mark

etc. Headings are not included in the word count. There is no obligation to use all 1,000 words. However, we expect that you will need most of those words to be able to answer the question fully with thorough discussion and proper use of cases and legislation. BLAW20001 Assignment 2020

Collaborative Work Statement:

The collaborative work statement for this assignment is Code 2. This means that students are permitted to discuss the topic of the assessment task in general terms and to share ideas with others, but all research (where applicable to the task) and written work must be the student’s own work.

Plagiarism:

Electronic submission via the subject page incorporates the use of the webbased online plagiarism detection system, Turnitin. Turnitin compares electronically submitted papers to billions of pages of content located on the Internet and proprietary databases. It also compares each student’s answer with the answers submitted by other students. The University views plagiarism very seriously and further information regarding policies and penalties in relation to plagiarism are available on the Law School homepage

Extensions:

The Melbourne Law School Academic Support Office processes all applications for extensions of up to 10 working days. Students are advised to apply for an extension as soon as it becomes evident that an extension is required. A delay in doing so may result in the application not being approved. Applications for extension of time for written assessment must be submitted at least three (3) working days before the assessment due date. Further information on extension applications and eligibility can be found here: Extensions must be applied for via in accordance with the following process: http://ask.unimelb.edu.au/app/answers/detail/a_id/5667/~/applying-for-anextension Students can apply for an extension online: https://mls.formstack.com/forms/mls_extension_application.

Special Consideration Students requesting special consideration must apply via their student portal. Please note that teachers cannot assist with student requests for special consideration. Students can apply for special consideration for short term circumstances via their student portal (https://my.unimelb.edu.au/). Special Consideration must be applied for in accordance with the following process: http://ask.unimelb.edu.au/app/answers/detail/a_id/5921/~/specialconsideration-applications Please remember to attach relevant supporting documentation to your application. Please note that teachers cannot assist with student requests for special consideration.

BLAW20001 Assignment 2020

Instructions

1. Please make sure you follow the instructions in the 2020 Reading Guide for preparing and submitting your assignment. Your attention is particularly drawn to its warnings about plagiarism and collusion on page 17. 2. For further assistance with your legal writing, please refer to the resources and examples which are available on Canvas. In particular, please review the following modules:-

“Some Very Good Resources”; and “Answering Legal Hypothetical Problems Using IRAC’

3. The assignment consists of one question. Please answer the question asked. 4. Please ensure that only your student number is provided on your submission. Do not include your name. 5. The assessment is compulsory and contributes 15% of your final grade in this subject. 6. The assignment assesses material covered in Lectures 1 to 4. Material dealing with later topics will be ignored. Do not discuss directors’ duties. 7. No bibliography is required. Case citations (e.g. Salomon v Salomon & Company [1897] AC 22) can either be in the body of the answer or in footnotes. Section numbers of legislation should be in the body of the answer, and no further footnoting is required. 8. Your answer will be assessed with reference to the following criteria:(a) Identification of issues; (b) Identification and use of appropriate legislation and case law to support your argument; (c) Application of identified legislation and case law to the facts in the assignment question. (d) Strength and reasonableness of your argument based on the law. And (e) Clarity of writing and structure of your answer. Please see the Reading Guide pages 8 to 11 for further information about the assignment and the material posted on Canvas in the “Assessment Information” module.

BLAW20001 Assignment 2020

ASSIGNMENT QUESTION

Swish & Flick Pty Ltd (“S&F”) is a successful company which provides wand etiquette training for young witches, wizards and non-magic folk. When the company was first incorporated, its founders, Neville and Cedric, decided that in addition to the replaceable rules, the following two rules would be adopted and recorded in the company’s constitution:1.

Any variation of class rights must be approved by an ordinary resolution of the company as a whole.

2.

A member may only call a general meeting of the company if shareholders holding 25% or more of the company’s share capital, agree.

S & F needs additional share capital and the directors of the company want to issue a new class of ordinary shares in the company. The new shares will have double the voting rights than that of the existing ordinary shares. 1. Can the company issue the new ordinary shares? If so, advise the company what it must do before issuing the new class of ordinary shares. Do not discuss chapter 6D or directors’ duties. 2. The board of S & F has now decided to use the new capital to branch out into gem and precious stone trading services. Draco is a 15% shareholder of S & F and does not approve of the board’s decision. Can he call a general meeting of the company’s shareholders to have the issue discussed? If so, how should he do this and what resolution should he put to the meeting?

END OF ASSIGNMENT QUESTION

Reminders / Hints -

The assignment only covers material covered in Weeks 1-4 of lectures and the associated prescribed reading for those weeks. Your answer should not deal with matters which will be taught later in the semester.

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The use of headings is an excellent way to help structure your answer. Please refer to the information on Canvas about legal writing and examples of responses which use IRAC.

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Please take the time to read the facts and assignment question carefully so that you correctly identify the issues which need to be addressed and advised on in the question.

BLAW20001 Assignment 2020...