
Explore how common law, judge-made law, and equity interact with statute law to form precedent in Australia, and distinguish criminal and civil law within a historic court hierarchy.
Define a contract as an agreement the law will enforce, demanding performance of promises to foster confidence and stability in the marketplace.
The lecture covers simple contracts and deeds under seal, explains oral or written forms, and states that intention to create legal relations, offer and acceptance, and consideration determine enforceability.
Statutes create corporations under the Corporations Act 2001, making them separate legal entities on registration, with promoters liable for fiduciary duties and with a memorandum and articles of association.
Explore how corporate governance guides how companies are managed and controlled, balancing stakeholders' interests and enabling aims through action plans, internal controls, performance measurement, and disclosure.
Learn how Australian shareholders become members under Section 230 of the Corporations Act 2001, via registration or allotment, and how transfers and transmissions affect membership.
Directors manage the company and exercise its powers, subject to the law and the constitution. Appointment requires consent, age 18, and residency in Australia.
The topic covers the duty of care and diligence for directors, the business judgment rule as a safe harbor, and balancing skill, knowledge, and the pursuit of company profit.
Examine Neil's self-interested commission and the ten-year exclusive hat supply contract, assess potential breaches of director's duties despite board ratification, and consider options to exit.
COURSE OVERVIEW:
This course is designed to introduce user to the legal system, business and corporation law and related matters. It is important for all professionals to have an appreciation of the role played by law in regulating society and the business community. This course seeks to provide users with an understanding and knowledge of the legal system and sources of law in Australia. The course examines the common law and statutory principles relating to the commercial environment and corporate governance. The course combines elements of essential business law including key features of contract and other relevant areas of law. This unit also examines essential elements of corporation law including, the concept of separate legal entity, company formation and operation as well as corporate governance. This will include a study of the law relating to directors and management, members' rights and winding up of a company. Overall, the course provides the opportunity to research and analyse relevant legislation and case law and critically examine the role played by law in modern society.
LEARNING OUTCOMES:
Upon the completion of this subject, students will be able to:
Demonstrate an understanding and evaluate the different legal issues arising in the business environment.
Demonstrate knowledge and understanding of the main common law and statutory provisions which apply to institutions, personnel and commercial transactions in the Australia context.
Explain the benefits of ethics within the context of corporate and business law.
Investigate, analyse and synthesize legal principles relating to commercial transactions, corporations and other forms of business organisations.
Demonstrate an understanding of the underlying themes and issues and the key legal principles relating to commercial transactions, and/or corporate law.
Demonstrate the capacity to apply legal reasoning and research to generate appropriate responses to legal problems in the corporate governance contexts.
Identify and comment on the policy issues which arise in various topics, including the need for law reform where the law is considered deficient.