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LAW00004 S2 2020 Company Law


LAW00004 Company Law S2 2020 SCU

Research Assignment Details:

Due:                              01 September 20201

Length:                        2,400 words2

Weighting:                   50%

Submission method: Turnitin

LAW00004 Company Law S2 2020
LAW00004 Company Law S2 2020

Topic: Directors of corporate entities are said to be fiduciaries under the laws of Australia.

With reference to the above statement, answer the following:

(1) Are directors of companies registered under the Corporations Act 2001 (Cth)

fiduciaries? and if so:

(i)        what are their fiduciary duties? and

(ii)       who do they owe their duties to and why?

(2) With specific reference to ss 182 and 183 of the Corporations Act 2001 (Cth) and relevant case law, do these sections impose fiduciary obligations? If so — why? If not

— why not? Total (50 marks)

Please note the material on pages 8 – 12 of the Unit Information Guide regarding the


Marking criteria

Important information: You are advised to consider the following information carefully before starting your assignment.

1  The assignment may be submitted up until 11:59pm on the due date.

2  The word count can be exceeded by 100 words only.

3  See generally Brunninghausen v Glavanics [1999] NSWCA 199 [40] (Handley JA); Grimaldi v Chameleon Mining NL (No 2) [2012] FCAFC 6 (Finn, Stone and Perram JJ) (around [177]); ASIC v Adler & 4 Ors [2002] NSWSC 171 [458] (Santow J).

The assignment will be marked according to the following criteria.

Research (40%)

You are expected to demonstrate a comprehensive review of the primary law sources

(legislation, case law) as well as an adequate review of secondary sources (for example

journal articles, case commentary, explanatory memoranda, Law Reform Commission reports and textbooks. Your research should be used to identify and clearly state the relevant issues and legal principles and support your analysis.

Analysis (50%)

You are expected to analyse the information gathered and evaluate the relevant legal principles. You are expected to develop your argument logically through clear analysis and apply relevant legal principles to the resolution of issue(s). Your analysis should also:

• integrate and evaluate relevant knowledge from the material covered in this unit;

• develop and sustain a concise and convincing legal argument through to a logical conclusion; and

• importantly, answer the specific question asked.

Technical aspects (10%)

You are expected to:

• correctly reference and acknowledge sources;

• use fluent, clear, concise writing that contains clear expression, correct grammar, syntax, sentence structure and spelling; and

• use headings and subheadings (where appropriate)

• structure – for example use an introduction, body, conclusion and bibliography or reference section.