Course Coordinator: Prof Christopher Symes
Ligertwood Building 223
t: 0883134452
e:
christopher.f.symes@adelaide.edu.au

On the successful completion of the course, a student will be able to:

1. Identify and understand the characteristics of a corporation when compared to other forms of business structure in Australia;
2. Develop an understanding of relevant corporate law as contained in the Corporations Act 2001 (Cth) and the case law, as well as the ethical and governance responsibilities of corporate lawyers and corporations, and be able to apply the law and ethical principles to hypothetical fact scenarios using critical thinking and problem solving skills;
3. Communicate and critically anlyse the effect of the law on persons and corporations, both individually and within a small group scenario; and
4. Demonstrate high level research and analysis skills as applied to a corporate topic of their choosing.

Students are not required to purchase any particular texts. All required readings will be provided online via MyUni in advance of the sessions.

Useful Academic Texts:

du Plessis, J J, Hargovan, Bagaric, M and Harris, J, Principles of Contemporary Corporate Governance, 2nd ed, Cambridge University Press, Melbourne, 2014
Austin, RP & Ramsay IM, Ford's Principles of Corporations Law, 17th ed, LexisNexis, 2017
Boros E & Duns, J, Corporate Law, 2nd ed, OUP, 2009
Redmond P, Corporations and Financial Markets Law, 7th ed, Thomson, 2016
Baxt R, Fletcher K & Fridman S, Corporations and Associations: Cases and Materials, 10th ed, LexisNexis, 2008
Harris J, Hargovan A & Adams M, Australian Corporate Law, 6th ed., LexisNexis, 2017
Austin RP, Ford H & Ramsay I, Company Directors: Principles of Law and Corporate Governance, LexisNexis/Butterworths, 2005
Australian Corporations Law: Principles and Practice, 3 vols (online), LexisNexis
Harris J, Company Law: Theories, Principles and Applications, (2nd ed) LexisNexis, 2015
Quilter M, Company Law Perspectives, Thomson Reuters, 2012
Symes C, Brown D & Lombard S, Australian Insolvency Law, 4th ed, LexisNexis, 2019 

Useful On-line sites include:
The Australian Securities and Investments Commission [‘ASIC’] www.asic.com.au
The Australian Securities Exchange [‘ASX’] www.asx.com.au
Australian Legal Information Institute: http://www.austlii.edu.au/

MyUni will be used to post announcements, post additional lecture materials (including slides, and where available, audio recordings of lectures) and announce assignment tasks. It will also contain electronic copies of the Course Profile, Lecture and Topic Guides, and any required reading as it becomes available.

Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.

The face-to-face teaching for this course is intensive, across four days within Semester 2. Teaching runs from 10am to 5pm on Friday and Saturday, with break from 1-2pm for lunch.  The dates are 7-8 August and 21-22 August.

The first of the two intensive sessions will be divided into four topics, each of which will start with a lecture introducing the relevant topic, and then students will move to concentrate on in-depth consideration of questions, including problem-solving, provided in advance. Students are expected to read the cases and other materials and questions set prior to the session.

For a 3-unit course, the workload requirement is 156 hours.  For Corporate Law: Selected Issues, this will be structured as follows: 24
hours of face-to-face teaching, scheduled over four intensive teaching days, and 132 hours of personal study, split between 66 hours preparing for the in class presentation and accompanying paper, and 66 hours towards the research essay.

Learning Activities Summary

Day 1	Session 1	Revisiting the position of 'Members' and their apathy
	Session 2	Recent Issues in Directors Duties
Day 2	Session 3	Insolvent Trading and Safe Harbouring
	Session 4	Auditing and special financial reporting and regulation of Executive Remuneration and Environmental compliance
Day 3	Student Presentations
Day 4	Student Presentations
	Research Paper Q&A

It is expected that Sessions 1-4 may run over Day 1-2 and into Day 3.  Student presentations will be scheduled for the second half of Day 3 and the first half of Day 4 with that in mind.  The remainder of Day 4 will be available for Q&A with the staff in relation to the research paper, research methods and use of the library website for electronic legal research.

Assessment Task	Redeemable	Due	Weighting	Learning Outcome
Class Participation	No	22 August	30%	1, 2, 3
Research Paper	No	6 October, 2pm	70%	1, 2, 3, 4

Each piece of assessment is compulsory. None of the assessment is redeemable.

1. Class Presentation

30% - presentations will be made on the
August

Students will select a topic of interest to them from any news outlet which relates to the material presented during Days
1-3. They will prepare and present a 10-15 minute talk on the topic on August 22 2020, extending the class beyond the discussions which have already  taken place, and providing their perspective on the current issues within that topic and where they perceive it will be moving in the future.  They will be prepared to respond to a short Q&A session with their fellow students and staff following their presentation.

 

2. Research Paper

70% - Due 6 October, 14:00, via Turnitin on MyUni

Students will select a topic for a research paper of 5,000 words, to be submitted in week 9 of the semester – October 6,
2020.  The topic will be selected in consultation with the course coordinator via email.  Students will analyze their chosen research
topic, isolate current issues of particular relevance to the topic, research it in depth, and succinctly restate their findings before reaching conclusions as to the current state and future issues to be dealt with by those practicing within this field.  Submission will be electronic, via Turnitin on MyUni.

1. Students must retain a copy of all assignments submitted.
2. To gain a pass, students must submit each part of the assessment.
3. All assignments must be submitted via ‘Turnitin’ on MyUni.  Details for electronic submission through Turnitin will be provided with the assignment instructions. By submitting your assignment you are agreeing to the following: (a) I declare that all material in this assessment is my own work except where there is clear acknowledgement and reference to the work of others. I have read the Policy on Cheating in Examinations and Related Forms of Assessment. I have also read the University's Plagiarism Policy; (b) I give permission for my assessment work to be reproduced and submitted to other  academic staff for the purposes of assessment and to be copied, submitted and retained in a form suitable for electronic checking of  plagiarism.
4. Late Submission: Where an assignment is submitted after the due date and without an extension, a penalty of 5% of the total mark possible will be  deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay graded 63% will have 5%  deducted if it is one hour late (for a final grade of 58%), 10% if it is 25 hours late etc.
5. Word length: Assignments which exceed the allocated length (word length or page  limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (i.e. with a word limit of 3,000, an essay  graded 63% will have 5% deducted if it is 3001 words long, for a final  grade of 58%, 10% if it is 3101 words long, etc). Words are calculated  including all footnotes and headings within the text but excluding cover page information, separate bibliography or list of sources. Quotations and all referencing information are included in the word count.  If the word limit is seriously misstated, this may be regarded as academic dishonesty.
6. Extensions: Requests for extensions must be made via email to the course coordinator. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.
7. When undertaking an assessment task, students are to be assessed according to whether they are law or non-law graduates respectively. Where the nature of the task involves the exercise of skills that law graduates can be expected to have practised or refined over a longer period or to a greater degree than their non-law counterparts, an assessor may legitimately expect a higher standard of performance from the law graduates in the course.
8. Style of written work: All written work in the Law School is required to comply with the approved Law School style guide, the Australian Guide to Legal Citation.
9. Turnaround time: The presentation paper will be returned to students within 3 weeks of the submission date. Written, individual feedback will be provided from which students can learn in preparation for the research paper. The research paper will be returned to students within 4 weeks of the submission date with written, individual feedback.  Students will be notified by email when assignments are ready for collection.

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

• assurance of the qualifications of markers, and their knowledge of the content covered in each course;
• detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
• sharing of example marked assessments at various grade bands across markers;
• reviewing of selected marked assessments from each marker by the course coordinator;
• comparison of the marks and their distribution across markers;
• automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
• the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.

The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program

Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support

The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.

Plagiarism and other forms of cheating

Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.

Academic Honesty

Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.

Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.