LAWS6810: Fundamentals of Corporate Law
Fundamentals of Corporate Law
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LAWS6810: Fundamentals of Corporate Law
Research Essay Questions
Question 1
Is there a need to reform the principles of separate corporate personality and limited liability as they
apply to corporate groups?
Critically discuss the above statement with reference to relevant Australian legislation,
jurisprudence (eg case law and secondary materials, eg scholarly journal articles). If you wish to
refer to other jurisdictions, you may only have regard to the United Kingdom in advancing your
thesis argument.
Question 2
In ASIC v Healey [2011] FCA 717 at [14] Middleton J stated:
“A director is an essential component of corporate governance. Each director is placed at the apex
of the structure of director and management of a company. The higher the office held by a person,
the greater the responsibility that falls on him or her. The role of a director is significant as their
actions may have a profound effect on the community and not just shareholders, employees and
creditors.”
Under the Corporations Act 2001 (Cth), anyone who is over 18 and not disqualified can be
appointed as a director. Is it appropriate that there be no qualifications for directors? Should there
be different requirements for directors of proprietary companies and directors of public companies?
Do you agree? Critically discuss the above statement with reference relevant primary (case law and
legislation) and secondary materials. Furthermore, consider to what extent (if at all) the provisions
in relation to director appointments can be improved.
Question 3
Should the Corporations Act 2001 (Cth) be amended or clarified to require directors to consider
wider responsibilities regarding stakeholders (such as suppliers, customers, the environment and
the broader community) when making decisions?
Critically discuss the above question with reference to relevant legislation, jurisprudence (case
law and secondary materials, eg scholarly journal articles), and theory.
If you wish to refer to other jurisdictions, you may only have regard to the United Kingdom in
advancing your thesis argument.
Assessment grading guidelines
These guidelines are designed to provide students with an understanding of the standards applied when grading
assessments. As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very
high standard, a credit a good standard, and a pass an acceptable standard.
Students should note that research essays require independent research beyond the prescribed materials.
Fail (Below 50%)
Work may fail for any or all of the following reasons:
Does not answer the question.
Contains significant or numerous errors.
Few or no identifiable arguments.
Content that is inappropriate or irrelevant.
Lack of research or analysis.
Difficult or impossible to understand through poor grammar, expression or structure.
Overall, does not demonstrate the minimum level of competence in the assessment.
Pass (50-64%)
Work receiving a pass grade will generally exhibit the following characteristics:
Identifies the key issues, but does not follow through with a reasoned argument.
Contains some significant errors.
Displays satisfactory engagement with the key issues.
Offers descriptive summary of material relevant to the question.
Superficial use of material, and may display a tendency to paraphrase.
Demonstrates little evidence of in-depth research or analysis.
Adequate expression.
Overall, demonstrates the minimum level of competence in the assessment and satisfies the
requirements to proceed to higher-level studies in the degree or subject area.
Credit (65-74%)
Work receiving a credit grade will generally exhibit the following characteristics:
Covers main issues fairly well in answering the question.
Contains no significant errors
Demonstrates an attempted critical approach to the issues.
Demonstrates reasonably sound research and analysis in addressing the key issues.
Has a clear structure and reasonably clear expression.
Distinction (75-84%)
Work receiving a distinction grade will generally exhibit the following characteristics:
Completely answers the question.
Achieves a critical and evaluative approach to the issues.
Content and structure is well organised in support of the argument.
Demonstrates extensive research and analysis to support a well-documented argument.
Generally well expressed and free from errors.
Has a clear structure and is well articulated.
High Distinction (85% +)
Work receiving a high distinction grade will generally exhibit the following characteristics:
Completely answers the question.
Contains striking originality of approach or analysis.
Demonstrates exhaustive or innovative research (where independent research required).
Exceptionally well written, structured and expressed.
Is otherwise exceptional in some way.
Further information about grades and when they are released is available at Guide to grades.