Course information

Student use of the course website is mandatory. This is provided using the Learning Management System (LMS) which can be accessed through the MyCQU Student Portal: http://mycqu.cqu.edu.au/portal/dt. This course uses Moodle LMS. If you have difficulty logging in, please contact Helpdesk on (07) 4930 9233. Regular student access to email is required for this course. Regular student access to the Internet is required for this course. Students are expected to follow a self-directed study schedule which meets the required deadlines.

Assessment
Continuous assessment/examination
For students to receive a passing grade in this course they must complete all items of assessment and receive 50% (or greater) of the total marks for the course. It is not required that a student achieve 50% or greater on each item of assessment.

Assignment submission
Off-campus students should submit hard copy, signed assignments to the Student Contact Centre, Building 5, CQUniversity, Rockhampton, QLD 4702. Access CQUcentral to print a personalised assessment coversheet for each assignment submission. Instructions for generating your coversheet are at:

http://dtls.cqu.edu.au/FCWViewer/getFile.do?id=23407. On-campus students should submit hard-copy, signed assignments to assignment boxes located on your particular campus if none is available then submit to the Administration Office. Central Queensland Campus students should access CQUcentral to print a personalised assessment coversheet for each assignment submission. Instructions for generating your coversheet are via the link above. Australian International Campus students should access the personalised coversheet available at your Campus.

Assessment details for ALL students

Assessment item 1 Individual Assignment
Due date: Weighting: Wednesday of Week 6 30%
ASSESSMENT

1
Objectives
This assessment item relates to the course learning outcomes numbers list 2 and 3 as stated on Page 1.

Assignment submission
Hard copy required - see Assessment Submission section after study schedule.

Details
The assignment is worth 30 marks and the questions carry the number of marks indicated. To develop your research skills it is necessary to be able to access relevant information using electronic resources. For Questions 1 and 2 you are expected to learn to access, interpret and analyse information presented by the Australian Regulatory bodies.

Question 1

6 Marks

Use the web page of the Australian Securities and Investments Commission (ASIC) to answer the following questions. a) Search the register of company names for the company Glebe Point Financial Pty Ltd and answer the following questions. (i) (ii) (iii) b) What is the company ACN? When was the company registered ? What type of company is it ? (1 mark) (1 mark) (1 mark)

Search the register of enforceable undertakings and locate the enforceable undertaking of Macquarie Equities Limited (MEL) in January 2013. Use the information in the undertaking and relevant legislation to answer the following questions. (i) Explain in your own words; - what was the bacground to the problem ? - what were ASICs concerns or views? - what did the Macquarie Equities Ltd agree do ? (3 marks)

Question 2

4 Marks

Use the web page of the Australian Securities Exchange (ASX) and the Corporations Act 2001 to answer the following question. In your own words summarise in less than 2 pages the folowing; - What are the main requirements and procedures to change a private company to a listed public company on the ASX ? - What are the main statutory requirements, listing rules and corporate governance principles that will need to be complied with and what changes will need to be made to the company? (4 marks)

Question 3

8 Marks

For Question 3 you are expected to access, interpret and analyse legislation related to the regulation of companies in Australia. In each of the situations listed below use the Corporations Act 2001 and the Australian Securities and Investments Commission Act 2001, (ASIC Act), to identify any breaches of the law and the applicable penalty. In your own words, state precisely what section of the legislation has been breached. Then state the penalty and where the penalty is prescribed in the legislation. In all parts of the answer refer to specific subsections. Paragraph 14-120 of the prescribed textbook will provide assistance with aspects of this question. a) Frank is charged with an offence in relation to offering rebates, gifts or prizes in relation to the supply of financial services . (2 marks) Susan was asked by ASIC to identify property of a body corporate. Susan has refused to identify the property. (2 marks) Gary has been charged with securities hawking. Jack has been charged with being a disqualified person managing a corporation (2 marks) (2 marks)

b)

c) d)

Question 4

12 Marks

For Question 4 you are expected to access, interpret and analyse a recent company law case. In answering the questions you may have to consult additional materials. Locate the Victorian Supreme Court decision of In the matter of Gunns Plantations Limited (Administrators appointed) (Receivers and Managers appointed) [2012] VSC 513 . You are required to do a summary of this case. It is to be in your own words. Copying large parts of the judgement or cutting and pasting from the judgement will not be rewarded with marks. You are to address the following issues and use these items as headings in the summary. The summary should no longer than 6 pages. 1. Outline the Parties, Legal Representatives, the Court in which the matter was heard. 2. What were the main facts and what were the main parties arguing.

3. What did the Court decide was the main law and tests that applied ? 4.What was the order made by the Court? 5. What were the main reasons why the Court made this decision ?

Note students should clearly label with a separate heading each of the 5 items above. Secondly you will not receive high marks for merely quoting large slabs of text you will need to analyse each part and put it into your words.

Total 30 Marks
Useful Websites http://www.comlaw.gov.au (Commonwealth legislation) http://www.austlii.edu.au (Australasian Legal Information Institute) http://www.asic.gov.au (Australian Securities & Investments Commission) http://www.treasury.gov.au (Federal Treasury Department) http://www.CSAust.com (Chartered Secretaries Australia) http://www.lawlink.nsw.gov.au (NSW Attorney-General Law pages) http://cclsr.law.unimelb.edu.au (Centre for corporate law research) http://www.acla.com.au (Australian Corporate Lawyers Association)