LAW 7180 - Relational Corporate Governance (PG)

North Terrace Campus - Semester 2 - 2017

The world-wide crisis in financial markets and, in particular, the repercussions on equities markets around the world consequent on the `credit crunch? of 2008-9 and beyond has once again focused attention on corporate governance. Indeed, the fallout from the Global Financial Crisis (GFC) continues to have dramatic regulatory, social, economic and political effects around the world. The crux of the GFC is widely acknowledged as a combination of failures in regulatory supervision, `gate-keeping? by intermediaries, greed and fundamental failings of internal corporate governance. Yet, pre-GFC corporate collapses such as those of Enron and WorldCom in the US, HIH Insurance in Australia and collapses in other countries painted a similar picture. More recently, collapses such as that of the Hastie Group in Australia in 2012 prompt us to examine what lessons from these collapses have failed to be learnt? And what measures could have been taken ? prospectively ? to avoid the abyss?

  • General Course Information
    Course Details
    Course Code LAW 7180
    Course Relational Corporate Governance (PG)
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Available for Study Abroad and Exchange
    Prerequisites Students without a Bachelor of Laws must have completed LAW 7177
    Assumed Knowledge LAW 2505 or equivalent course
    Course Description The world-wide crisis in financial markets and, in particular, the repercussions on equities markets around the world consequent on the `credit crunch? of 2008-9 and beyond has once again focused attention on corporate governance. Indeed, the fallout from the Global Financial Crisis (GFC) continues to have dramatic regulatory, social, economic and political effects around the world.

    The crux of the GFC is widely acknowledged as a combination of failures in regulatory supervision, `gate-keeping? by intermediaries, greed and fundamental failings of internal corporate governance. Yet, pre-GFC corporate collapses such as those of Enron and WorldCom in the US, HIH Insurance in Australia and collapses in other countries painted a similar picture. More recently, collapses such as that of the Hastie Group in Australia in 2012 prompt us to examine what lessons from these collapses have failed to be learnt? And what measures could have been taken ? prospectively ? to avoid the abyss?
    Course Staff

    Course Coordinator: Dr Francesco de Zwart

    Course Coordinators/Lecturers:
    Dr Francesco de Zwart (Lecturer)

    Location:
    Adelaide Law School
    Ligertwood Building, North Terrace,
    Room 213

    Telephone: 83138304
    Email: francesco.dezwart@adelaide.edu.au

    Course Website: www.myuni.adelaide.edu.au

    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    On successful completion of this course students will be able to:

    1.  Identify, critically analyse and apply the principal ‘law and economics’ theories and models of the firm relating to the separation of ownership from management and the role of corporate governance including:

    ·  How the pre-eminent models balance the interests of ‘insiders’ and ‘outsiders’ to the corporation
    ·  The ‘nexus of contracts’, agency costs and the Shareholder Model
    ·  The shareholder wealth-maximisation principle
    ·  The shareholder primacy model of corporate governance
    ·  The stakeholder model of corporate governance and
    ·  The director primacy model of corporate governance

    2.  Identify, critically analyse and apply how these theories and models were undermined in the case of corporate collapses like Enron and Hastie including:

    ·  The structural features of the Enron and Hastie corporate collapses in pre- and post-GFC times and how they operated at the relevant time and
    ·  The lessons they provide for regulators, policy-makers, law reformers and corporate actors and their advisors relating to the long-term survival or sustainability of the corporation

    3.  Identify and be able to critically analyse the regulation of corporate governance through the ‘soft’ law mechanism of international/cross-border Governance Codes and schemes of practice including:

    ·  The Governance Variables which have developed over time and across sectors (international/cross-border and national) to form the central planks of Governance Codes and schemes

    4.  Identify, critically analyse and apply how individual Governance Variables operate in the real world to enhance or reduce the effects of corporate actors such as the board, individual directors, the CEO and management on shareholder wealth measures such as firm value/share price, firm operating performance/profit and the probability of earnings manipulation including:

    · The effectiveness of individual corporate Governance Variables in affecting the long-term efficiency and sustainability of the corporation
    · The factors that intervene to reduce the operation and effectiveness of these corporate Governance Variables and
    · The relative importance of individual corporate Governance Variables inter se in reducing (or increasing) agency costs and enhancing (or reducing) the long-term efficiency and sustainability of the for-profit firm

    5.  Apply knowledge of the above corporate governance theories, corporate collapses, Governance Code regulation and behaviour of individual Governance Variables that underlie corporate governance regulation to assess and propose solutions for corporate governance problems.

    6.  Communicate factual, structural, economic and legal issues in relation to corporate governance arrangements and problems.

    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    2
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    6
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    4
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    3
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    5
  • Learning Resources
    Required Resources
    Required Resources

    Students are required to purchase the following:

    ·  Francesco de Zwart, Enhancing Firm Sustainability Through Governance, The Relational Corporate Governance Approach, (Edward Elgar Publishing, Cheltenham, UK and Northampton, MA, USA, 2015)

    ·  Link to the Book on Edward Elgar Publishing website:
    http://www.e-elgar.com/shop/enhancing-firm-sustainability-through-governance

    ·  Electronic version of the Book on Elgaronline:
    http://www.elgaronline.com/abstract/9781784715519.xml

    Any further information and materials for students will be posted on MyUni.
    Recommended Resources
    Recommended Resources

    • Jean Jacques du Plessis, Anil Hargovan, Mirko Bagaric and Jason Harris, Principles of Contemporary Corporate Governance (3rd ed, Cambridge University Press, Melbourne, 2015)
    • Phillip Lipton, Abe Herzberg and Michelle Welsh, Understanding Company Law, 17th edition, Thomson Reuters, 2014
    • Christopher Symes & John Duns, Australian Insolvency Law, (3rd ed, LexisNexis, 2015)
    • Micklethwait and Wooldridge, The Company: A Short History of a Revolutionary Idea (Modern Library, New York, 2003)
    • Matt Peacock, Killer Company: James Hardie Exposed (ABC Books, Sydney, 2009)
    • Gideon Haigh, Asbestos House (Scribe, Melbourne, 2006)
    • Andrew Main, Other People's Money: The Complete Story of the Extraordinary Collapse of HIH, (rev ed, Harper Collins, Sydney, 2005)
    • Caroline Overington, Kickback: Inside the Australian Wheat Board Scandal (Allen and Unwin, Crows Nest, NSW, 2007)
    • John Farrar, Corporate Governance in Australia and New Zealand, (2nd ed, OUP, Melbourne, 2001)
    • Elizabeth Boros and John Duns, Corporate Law (3rd ed, OUP, Melbourne, 2013)
    • RP Austin and IM Ramsay, Ford’s Principles of Corporations Law (16th ed, LexisNexis, Chatswood, NSW, 2014)
    • Paul Redmond, Companies and Securities Law: Commentary and Materials (6th ed, Lawbook Co, Sydney, 2013)
    • Joan Loughrey, Corporate Lawyers and Corporate Governance (Cambridge University Press, Cambridge, 2011)
  • Learning & Teaching Activities
    Learning & Teaching Modes
    Teaching and Learning Modes

    Learning and Teaching Activities amounting to 24 hours (across lecture, seminar and structured learning activity formats) will be offered to students in this course.

    Pedagogical approach, learning and teaching approach, including e-learning and blended learning, use of technology to enhance learning

    Days 1 and 2

    A mix of teaching (by lecture), group exercises and problem-solving in the course is primarily directed to giving students

    ·  subject area information, fields of enquiry and current issues
    ·  an introduction to the principal regulatory instruments and
    ·  analytical skills.

    in each case for preparing students for the 4 assessment tasks:

    ·  in-class participation in discussion, group-work exercises and problem-solving
    ·  summary paper (1,000 words)
    ·  presentation on summary paper topic (10 minutes)
    ·  research-paper of 5,000 words.

    The first two-day intensive sessions will be divided into 5 topics as shown below, 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 in group-work and exercises
    including problem-solving. 

    The first topic on Day 1 begins with an examination of the challenges of corporate governance including:

    1.  An introduction of the separation of ownership from management and the role of corporate governance
    2.  Separation of ownership,‘nexus of contracts’, agency costs and the shareholder primacy model
    3.  ‘Core’ areas of corporate governance and corporate failures and
    4.  The four ‘Key Fields’ of the Relational Corporate Governance Approach

    The second topic on Day 1 introduces students to the framework of the Relational Corporate Governance Approach including:

    1.  Overview of the firm-specific (micro) and macro-economic benefits of ‘good’ corporate governance
    2.  The components of the Relational Corporate Governance Approach
    3.  Introduction to the Governance Variables
    4.  Introduction to thGovernance Factors
    5.  Interrelationships between the Governance Factors and
    6.  Operational measures of the Relational Approach – governance variable ‘coverage’ and ‘relational proximity rating’ 

    Day 2 examines three out of the four Key Fields of the Relational Approach:

    1.  Key Field No. 1 - The Application of the Principal theories of the firm to the Relational Approach.

    2.  Key Field No. 2 – Case studies of the Enron and Hastie Corporate Collapses.

    3.  Key  Field No. 3 – Comparative corporate governance codes of the major cross-border/international and national sectors of the US, UK and Australia.

    The overall aim of Days 1 and 2 is to introduce the Relational Corporate Governance Approach and its components as an analytical tool for analysing a complex system which is regulated in what would otherwise appear as a number of different and separate areas and instruments.  These include ‘hard’ law legislation, ‘soft’ law governance codes, case studies of corporate collapses and empirical studies of the effectiveness of Governance Variables.

    Students are expected to read the textbook and other materials set prior to the sessions.

    Days 3 and 4

    The second of the two-day intensive sessions will be a mix of, to open Day 3, the first-two of four parts examining the Empirical Studies Key Field No. 4:

    1.  Empirical  Studies Key Field No. 4 – Part 1 – National shareholder protection scheme and Board Factors I and

    2.  Empirical Studies Key Field No. 4 – Part 2 – Board Factors 2 and other firm-specific variables.

    In the final session of Day 3, session 8 will include a skills session on the steps for legal researching to prepare students for the  main research-paper including:

    1.  possible areas for research topics
    2.  research essay guidelines and suggestions
    3.  rubric for assessment and
    4.  access to staff for assistance with the main research-paper.

    The focus of the steps for legal research will be to emphasise identification of issues and critical analysis beyond mere
    descriptiveness.

    Day 4 commences with the student presentations (which are assessable) in sessions 9-11. 

    Then, in session 12, a lecture topic continues the on-going approach of the Course of describing the components comprising the Key Fields of the Relational Approach - Empirical Studies Key Field No. 4 – Part 3 – Board and audit committee factors and earnings manipulation.

    Day 4 completes the review of the Key Fields of the Relational Approach with Empirical Studies Key Field No. 4 - an introduction to the controversial area of board, CEO and executive compensation in sessions 13-14 and then summarises the Relational Approach in session 15.

    Attendance at all four days is compulsory, including the session for legal researching, for content and approach for the main research-paper.

    Then, at the end of Day 4, there is a review session during session 16 of Q & As for again preparing the students for the principal assessment task of the main research-paper.  Again, there is access to staff for discussing the students’ ideas and approaches to the main research-paper.

    Students are encouraged to contribute and ask questions during the teaching sessions as marks are awarded for participation.

    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    Workload

    Details of workload expectations – e.g. required attendance at lectures and tutorials, self-directed study and inquiry, collaborating with group for projects, time spent on specific online activities, time spent preparing assignments or preparing for exams, quizzes, tutorials, presentations, etc

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The University expects full-time students (ie those taking 12 units per semester) to devote a total of 156 hours to a 3-unit course.

    Contact time:

    The face-to-face teaching structure in the Course takes a variety of forms spread across 4 days of Semester 2 of 2017 with intensive teaching split into blocks of 2 x 2 days which run from 9.00 am – 5.00pm with a break from 12.00midday – 1.00pm for lunch.  The dates are:

    Semester 2 2017 Week 4
    9.00am - 5.00pm Friday 18 August
    9.00am - 5.00pm Saturday 19 August

    Semester 2 2017 Week 8
    9.00am - 5.00pm Friday 15 September
    9.00am - 5.00pm Saturday 16 September

    To successfully pass your courses, you will need to allocate an appropriate time commitment to your study. In addition to the formal contact time required for each of your courses, you will need to allocate non-contact time. This includes taking time for activities including assessment tasks, reading, researching, note-taking, revision, writing and informal discussions with other students.


    Learning Activities Summary
    Learning Activities Summary

    As noted above, the face-to-face teaching structure in the Course takes a variety of forms spread across 4 days of Semester 2 of 2017 with intensive teaching split into blocks of 2 x 2 days which run from 9.00 am – 5.00pm with a break from 12.00midday – 1.00pm for lunch.


    Day

    Session Topic Description
    1 1 The Challenge of Corporate Governance including:
    • An introduction of the separation of ownership from management and the role of corporate governance
    • Separation of ownership, ‘nexus of contracts’, agency costs and the shareholder primacy model
    • ‘Core’ areas of corporate governance and corporate failures
    • The ‘Key Fields’ of the Relational Corporate Governance Approach
    2 Introduction to the framework of the Relational Corporate Governance Approach including:
    • Overview of the firm-specific (micro) and macro-economic benefits of ‘good’ corporate governance
    • The components of the Relational Corporate Governance Approach
    • Introduction to the Governance Variables
    • Introduction to the Governance Factors
    • Interrelationships between the Governance Factors
    • Operational measures of the Relational Approach – governance variable ‘coverage’ and ‘relational proximity rating’  
    2 3 Key Field No. 1 - The Application of the Principal theories of the firm 
    4 Key Field No. 2 – Case studies of the Enron and Hastie Corporate Collapses 
    5 Key Field No. 3 – Comparative corporate governance codes of the major cross-border/international and national sectors of the US, UK and Australia
    3 6 Empirical Studies Key Field No. 4 – Part 1 – National shareholder protection scheme and Board factors I including:
    • Firm-specific effects of ‘good’ corporate governance – firm value and operating performance
    • ‘overall’ governance structure and the level and strength of the national shareholder protection regime
    • Board Factors I – ‘independence’, the proportion of non-executive/independent directors and the effects of equity ownership 
    7 Empirical Studies Key Field No. 4 – Part 2 – Board Factors 2 and other firm-specific variables including:
    • Board size and outside board positions
    • Anti-takeover mechanisms and the market for corporate control – whole board and staggered board elections
    • Audit sub-committee – presence, independence and expertise
    • ‘Block’ and institutional shareholdings
    • Division in the CEO/Chairperson roles
    8 Steps for Legal Researching including:
    • Possible areas for research topics
    • Research essay guidelines and suggestions
    • Rubric for assessment
    4 9 Student Presentations Part 1 
    10 Student Presentations Part 2 
    11 Student Presentations Part 3 
    12 Empirical Studies Key Field No. 4 – Part 3 – Board and audit committee factors and earnings manipulation including:
    • Principal aim of reporting – to reduce information asymmetry and agency risk
    • Transparency and the ‘trade-off’ effect on the quality of board and market monitoring  
    13-14 Empirical Studies Key Field No. 4 – Part 4 – ‘Good’ corporate governance and director, CEO and management compensation 
    15 Summary of the Relational Approach conclusions including:
    1. the new definition of corporate governance known as the Three Relational Axes of Good Governance
    2. Creation of a simulated corporate governance environment which represents the ‘real world’ sphere of corporate governance.  These are the four Key Fields introduced above;
    3. Identify, describe and map diagrammatically the interrelationships, themes and tensions underpinning these four Key Fields.  These are the eight Governance Factors and the Interrelationship Schemes which are combined to create a relational effect path for each Governance Variable;
    4. Create a comparative table or scheme system upon which to compare across sectors and over time the Governance Variables utilised in the major US, UK, Australian and international/cross-border for-profit corporate Governance Codes or schemes;
    5. As an over-arching aim, to propose an approach or tool for regulators, policy-makers, law reformers and corporate actors to predict, measure and enhance the relative importance of Governance Variables inter se in reducing (or increasing) agency costs and enhancing (or reducing) the long-term efficiency and sustainability of the for-profit firm. 
    16 Review: Q & A Session
    Specific Course Requirements
    None.
    Small Group Discovery Experience
    Not applicable.
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary


    Assessment Task Individual
    or Group
    Weighting Word Count/Time       Due Date Redeemable

     
    Course  
    Learning
    Outcome
    1.  Class Participation Individual 10% In-class Time      Days 1 - 4 No 1, 2, 3
    2.  Class Presentation Individual 10% 10 Minutes      Day 4
         9.00am -5.00pm
        Saturday 16 September      
        
    No 4, 5, 6
    3.  Summary Paper
        (on same topic as     
        Presentation)
    Individual 15% 1,000 words     Prior to Day 4
       9.00am-5.00pm
    Saturday 16 September   
    No 4, 5
    4.  Research Paper Individual 65% 5,000 words 5.00pm
    Monday 23 October 
    No 4, 5, 6
    Assessment Detail
    Assessment Detail

    [Provide details for assessment – nature of questions being asked, assessment instruments to be used, critical
    aspects that students must address to pass – a paragraph for each assessment task will generally be sufficient]

    All assessment tasks are COMPULSORY.   

    All assessment tasks are NOT REDEEMABLE.

    You are expected to attend all classes. A failure to do so will adversely affect your participation mark. You are strongly encouraged to speak with your lecturer if you have any particular difficulties with regularly attending. Marks are awarded for class participation
    which includes attendance.

    All items of assessment must be submitted. To pass this course students must receive an overall result of 50% or more.

    1.  CLASS PARTICIPATION (10%)

    The Course has allocated 10% of the total marks of the Course for class contribution. As most of the reading and in-class material will be research-based from a scholarly/research monograph which has been published, this is to reflect the importance of class participation in the teaching and research programme. Much of the research-based material to be presented is a spring-board for the student's own research activities in the Course.  The criteria by which participation will be judged are attendance, preparation, quality of contribution, and contribution to group process.

    Preparation — involves planning and managing the student's time to read the assigned material for each class and making an effort to understand those materials and to respond to the questions raised.

    Quality of contribution — means the student's ability to ask or answer questions in an informed way, to apply knowledge gained from the student's preparation to the issues raised in the classes, and to offer ideas or opinions which have been informed by their reading and participation.

    Contribution to group process — refers to the student's interaction with others in the lectures, both students and teachers. It
    involves listening to others, responding appropriately, being constructive in the student's dealings with them, and assisting in their learning. It also reflects the student's willingness to participate to the best of their ability, and their level of interest and engagement in the class and the material.

    2. CLASS PRESENTATION (10%) AND

    3.  SUMMARY PAPER (15%)

    Students will be asked to make a short presentation on a topic to be agreed with the Course Coordinator. A non-exhaustive list of possible topics will be included in the course materials. Each presentation should take 10 minutes, be based on thorough research and be accompanied by a brief paper (of no more than 1000 words) which must be submitted electronically prior to Day 3, Friday 15 September.

    Presentations are worth 25% of the total mark for the Course.  Assessment of presentations will consist of 2 components:
    a Presentation mark awarded by the Course Coordinator (10%), and a mark awarded for the Summary Paper on the topic (or equivalent) distributed to the class (15%).

    Presentation - 10%

    The Presentation will be marked in accordance with the grade descriptors which are set out in the Course Outline. Legal and/or theoretical content, depth of analysis, quality of research and presentation skills will all be relevant to the assessment. Students are encouraged to discuss their presentation format with the Course Coordinator in advance, and facilities can be made available for overheads, PowerPoint slides etc.

    Assessment criteria for Presentation

    •  development of logically compelling thesis
    •  level of insight and innovative thought
    •  depth of analysis and level of critical examination of the issues raised
    •  clarity of expression
    •  logical planning and sequence
    •  evidence of comprehensive research and consideration of the relevant literature
    •  demonstrated understanding of relevant legal materials
    •  demonstrated ability to critically evaluate and synthesize information and existing knowledge from a number of sources and experiences.
    •  correct application of relevant material
    •  overall presentation, including speed of delivery, clarity and any visual aids

    Summary Paper - 15%

    The Summary Paper accompanying the student's Presentation will also be marked in accordance with the grade descriptors in the Course Outline. Legal and/or theoretical content, depth of analysis, quality of research and quality of written communication will all be relevant to the assessment. The paper may be in essay form or, if a student wishes, the student can negotiate that the paper presented to the class be in a format other than essay form, for instance the student may wish to create a pamphlet etc. The
    paper must be properly referenced (see below).

    Assessment criteria for Summary Paper

    - development of logically compelling thesis
    - level of insight and innovative thought
    - depth of analysis and level of critical examination of the issues raised
    - clarity of expression
    - logical planning and sequence
    - evidence of comprehensive research and consideration of the relevant literature
    - demonstrated understanding of relevant legal materials
    - demonstrated ability to critically evaluate and synthesize information and existing knowledge from a number of sources and experiences.
    - correct application of relevant material
    - overall presentation, including use of correct grammar, spelling and punctuation
    - use of resources in formulating the paper including proper acknowledgment and correct referencing.

    Feedback

    Oral feedback on the student's Presentation will be given by the Course Coordinator on the day of the Presentation. The student will also receive written feedback on their Presentation and handout within two weeks of the date of the Presentation.

    Presentation Feedback and Assessment Form

    Written feedback on the student's oral Presentation will be given on a specific form which has the following assessment criteria:

    -  development of logically compelling thesis
    -  level of insight and innovative thought
    -  depth of analysis and level of critical examination of the issues raised
    -  clarity of expression
    -  logical planning and sequence
    -  evidence of comprehensive research and consideration of the relevant literature
    -  demonstrated understanding of the relevant legal materials
    -  demonstrated ability to critically evaluate and syntheisise information and existing knowledge from a number of sources and experiences
    -  correct application of relevant material
    -  overall presentation, including speed of delivery, clarity and any visual aids 

    4. RESEARCH PAPER (65%)

    The final assessment element will be a Research Paper on a topic to be negotiated with the Course Coordinator. A non-exhaustive list of possible topics will be included in the course materials. The topic of the Research Paper cannot be the same as the Presentation. Students will have anopportunity to discuss their topic with the Course Coordinator.

    Each Research Paper will have a strict word limit of 5,000 words. The paper must be written in prose style, adhere to grammatical rules, and use correct spelling. The paper should be typed, using double-spacing, on one side only of A4 paper. Each paper must be clearly marked with the student’s University of Adelaide student number. A word count should be included on the
    cover sheet. The cover sheet should be signed with each student certifying that the paper is his or her own original work.

    Word Length: the word limit of 5,000 words will be strictly enforced.

    Due Date: 5.00pm Monday 23 October

    Notes on Assessment

    1.  The quality of English expression is considered to be an integral part of the assessment process.
    2.  Students must retain a copy of all assignments submitted.
    3.  Extensions are only available in accordance with the Law School policy. The policy is available at http://www.law.adelaide.edu.au/students/assessment/#submission
    4.  Assessment marks prior to the final assessment will be displayed on the course website. Students are encouraged to check their marks and notify the lecturer-in-charge of any discrepancies.
    5.  Style Guide The University of Adelaide Law School has adopted the Australian Guide to Legal Citation, published by Melbourne University Law Review Association as the standard for all written submissions at the Law School. The Guide aims to provide a uniform standard of legal citation. The Guide is available online at http://mulr.law.unimelb.edu.au/aglcdl.asp or via the law library website at
    http://www.law.adelaide.edu.au/library/research/ Hard copies are also available at the Law Library.

    Submission
    Submission

    Standard Adelaide Law School submission requirements apply. Specific information will be provided in the assessment instructions for each item of assessment.

    1.  Students must retain a copy of all assignments submitted.

    2.  All assignments must be submitted to the Digital Dropbox on MyUni.

    3.  Markers can refuse to accept assignments which do not have a signed acknowledgement of the University’s policy on plagiarism (refer to policy on plagiarism).

    4.  A 5% penalty will be deducted for every day, or part thereof, an assignment is late.

    5.  A 5% penalty will also be deducted for assignments over the specified word limits. This penalty will be applied for every 100 words that the assignment is over the word limit. This means that the penalty will be imposed as soon as the assignment is one word over the limit, and then cumulatively at 100-word increments.  Incorrectly declaring the word count of your assignment may result in a breach of the Academic Honesty and Assessment Obligations for Coursework Students policy. For more information see http://www.adelaide.edu.au/policies/230/
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    Reasonable Adjustments to Teaching & Assessment for Students with a Disability Policy

    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.

    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.

    For more information please check out the Writing Centre website at
    http://www.adelaide.edu.au/writingcentre/


    Lex Salus Program

    Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro. Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline.  Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.


    Counselling Service

    The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting
    your study and life. More information is available at
    https://www.adelaide.edu.au/counselling_centre/


  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    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.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.