Faculty of Law
Subject Outline
70417 CORPORATE LAW
2009 AUTUMN
www.law.uts.edu
.au
SUBJECT OUTLINE
UTS:LAW
CONTENTS
1.
Subject Details
2.
Teaching Staff
3.
Subject Content
4.
Lecture Timetable
5.
Texts and Materials
6.
Teaching and Learning
7.
Assessment and Exams
8.
Guide to Assessments
9.
Resources
10.
Rules, Key Dates and Web References
NOTICE:
Students must regularly check UTS Online for any changes to the following course material and for
announcements throughout the session.
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SUBJECT OUTLINE
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1. SUBJECT DETAILS
1.1
Subject Name :
Corporate Law
1.2
Subject Number:
70417
1.3
Semester / Year:
Autumn 2009
1.4
Faculty
:
Law
1.5
Credit Points
:
8
1.6
Level
:
Undergraduate
and
postgraduate
1.7
Requisite(s)
:
70317
1.8
Subject Description
Real Property
Corporations are an all-pervading presence in contemporary society. An understanding of
corporate law is essential for students intending to enter a commercial legal practice or
aspiring to a senior appointment within a company. Awareness of the different rights and
responsibilities of corporate stakeholders, such as directors, employees, creditors and
shareholders, is also important for any prospective lawyer, since so many legal issues
involve one or more corporations as parties to the action or transaction.
This subject is an introduction to the field of corporate law and corporations, and their role
in commerce and society. It looks at that mode of business activity conducted in the form
of a vehicle known as a company or a corporation and asks 'What/why/how/who is it?'. It
looks at the various actors involved, shareholders, directors, creditors, regulators and the
public, and the web of relationships between these parties. It also looks at the legal system
and laws, corporate laws, and how they provide dispute resolution mechanisms. In
addition, the increasing role of laws as regulatory and prescriptive is explored with a tilt
towards understanding and utilising theoretical models of the body corporate and public
policies.
This subject is taught from a student-centred perspective, with an emphasis on case and
policy analysis, which may involve lectures, seminars and online exercises. It is Australianlaws focused and cases chosen for readings and discussion reflect this bias.
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SUBJECT OUTLINE
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2. TEACHING STAFF
It is highly recommended that email be the first point of contact with teaching staff. You should direct
your emails to your Lecturer or Tutorial Leader in the first instance.
2.1
2.2
Subject Coordinator
Name
:
Jason Harris
Position
:
Lecturer
Faculty
:
UTS Faculty of Law
Room
:
CM05B.4.11
Campus
:
Haymarket
Email
:
Jason.Harris@uts.edu.au
Phone
:
(02) 9514 3772
Fax
:
(02) 9514 3400
Teaching Staff
Name
:
Angus Corbett
Position
:
Associate Professor
Faculty
:
UTS Faculty of Law
Room
:
CM05B.02.05
Campus
:
Haymarket
Email
:
Angus.Corbett@uts.edu.au
Phone
:
TBA
Fax
:
(02) 9514 3400
Name
:
Sophie Riley
Position
:
Lecturer
Faculty
:
UTS Faculty of Law
Room
:
CM05B.02.20D
Campus
:
Haymarket
Email
:
Sophie.Riley@uts.edu.au
Phone
:
(02) 9514 3105
Fax
:
(02) 9514 3400
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SUBJECT OUTLINE
UTS:LAW
Name
:
Colin Hawes
Position
:
Senior Lecturer
Faculty
:
UTS Faculty of Law
Room
:
CM05B.4.06
Campus
:
Haymarket
Email
:
Colin.Hawes@uts.edu.au
Phone
:
(02) 9514 3730
Fax
:
(02) 9514 3400
Name
:
Lesley Hitchens
Position
:
Professor
Faculty
:
UTS Faculty of Law
Room
:
CM05B.02.20B
Campus
:
Haymarket
Email
:
Lesley.Hitchens@uts.edu.au
Phone
:
(02) 9514 3694
Fax
:
(02) 9514 3400
3. SUBJECT CONTENT
This subject introduces the core doctrines of company (or corporate) law (the terms company and
corporation will be used interchangeably except where the distinction between them is relevant).
It also introduces doctrines of partnership law, one of the foundation stones of Australian
company law. These topics will build on students’ prior studies of contract, property, tort and
agency law as well as the law of fiduciary duties.
The subject contains the company law topics required for an accredited law degree. These topics
are the basic ones common to all company types. Issues specific to stock exchange listed
companies are not covered in any depth in this subject but are treated in the subject 77901
Securities Markets Law. These excluded topics include the regulation of securities markets,
corporate fundraising and company takeovers and some specialist topics in equity finance. An
overview of corporate insolvency is also provided, with a more detailed treatment given in the
subject 76115 Insolvency.
In teaching this subject, we seek to balance the needs of those who wish to specialise in this area
of law and those whose interest is less central to their career plans and intellectual interests. We
hope to engage and expand your intellectual interest in the subject but without seeking to
interfere with your career plans: the planet does not necessarily need more corporate lawyers. It
does, however, need more people who understand and apply the principles, goals and
techniques of corporate law and who are sensitive to the important legal, social and moral
questions that the corporation peculiarly poses for all of us. In seeking to achieve this aim, we
provide and apply distinct theoretical frameworks to the principles of corporate law. Students will
critically assess corporate law principles by applying these theoretical positions to real life
commercial problems.
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SUBJECT OUTLINE
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This subject comprises the following distinct components or themes.
TOPIC 1-PARTNERSHIPS
The subject commences with an examination of the principal characteristics of
the partnership form of business association. The partnership is important in its
own right — it is the most common form of business association — but also
because it is the business form from which the principal characteristics of the
English and Australian registered company are drawn. Some other forms of
unincorporated association, pursued for business or for non-profit goals, are
also briefly introduced.
TOPIC 2-CONTEXTUAL AND THEORETICAL ISSUES
The subject then turns to the idea of a corporation and of the role for corporate
law. It commences with a basic sketch of some corporate law issues, offering
an introductory insight into the history and derivation of the modern corporation,
identifies some of the corporate stakeholders, and looks at the structure of the
Corporations Act, some of the justificatory theories behind the design of
corporate law, and some critical approaches to the analysis of corporate law.
As the subject progresses, and your familiarity with corporate law doctrine and
theory grows, this model becomes more sophisticated in design and
application. This part of the subject allows us to focus further on some of the
key stakeholders in a company, especially those people who decide to set up,
invest in, deal with and eventually close down a company. Obvious
stakeholders include shareholders and directors; others include creditors,
employees, suppliers to the company and the wider community on which it
depends for non-financial inputs. We will use different (sometimes competing)
theories of corporate law to assess the basic question of the separation of
ownership and control that exists within many corporations (particularly large
public corporations). This theme also includes an introduction to corporate
insolvency law. Apart from providing a general introduction to insolvency law
processes, this class examines the challenges posed to traditional notions of
corporate law that arise when the company is unable to pay all of its debts.
TOPIC 3-CORPORATE EXISTENCE-CHARACTERISTICS AND
CONSEQUENCES
The third part of the subject examines the separate personality (or
persona/identity) ascribed to the corporation and its independence from that of
the various stakeholders or other actors in the corporate enterprise. In addition
to the concept of corporate personality, we explore when that personality is
treated as a facade and an apparently corporate act is regarded as an act of
one of the corporate stakeholders (this process is known as lifting or piercing
the corporate veil). This topic also requires us to re-examine the scope of the
legal protection investors rely upon when they invest in a corporation through
the doctrine of limited liability. A further aspect of corporate personality
concerns how doctrines of legal liability are applied to this fictitious legal
person. We pose basic (but fundamental) questions: how does a corporation,
being an artificial entity, act? How does is sign documents and incur liability?
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TOPIC 4-CORPORATE DECISION-MAKING
This theme builds on Topic 3 and explores in detail how the power to make
particular decisions is allocated between participants in the corporation
(principally, the board of directors and the shareholders as a collective group)
and the degree of independence each group enjoys with respect to the
exercise of their particular powers. This topic raises difficult questions
concerning the apparent agency relationship between shareholders (as owners
of capital) and directors/executives (as managers of that capital). The important
role played by the corporate constitution in dividing powers between the
different corporate organs will be examined in detail.
TOPIC 5-CORPORATE GOVERNANCE
The allocation and exercise of corporate decision-making powers is but part of
the wider topic of corporate governance at least in that term’s description of the
processes by which a company is directed and controlled. The final and most
substantial theme of the subject deals with two other topics in corporate
governance: the duties and liabilities imposed on directors and senior
managers and the protection of minority shareholders.
At the centre of this subject is the idea of the corporation and the role and
shape of corporate law and regulation. Is the corporation best understood as
simply a series of contracts between those who have an economic interest in
it? Is the role of the law simply to provide default contractual protections to
serve the interests of the providers of capital? Or does it have an entity or
institutional status that is independent of those interests which asserts a claim
to attention in its own right? Put another way, is the corporation a
predominantly private association subject to regulation on the same basis as
natural persons or has it assumed a role or significance in its larger public
formations that changes the way we should view its purposes, character and
regulation? What is the measure, or content, of corporate purpose and
responsibility? Is it to maximise shareholder wealth with the only limit that set
by the general legal system? Do the answers to these questions change when
we shift the focus from the nation state to the international dimension of
corporate activity? These are some of the important questions that underlie
this subject. They are the haunting music that you will hear in the background
of this subject and sometimes explicitly as its central themes.
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4. LECTURE AND TUTORIAL TIMETABLE
4.1
LECTURE Timetable
Week
DATE
1.
23/02/2009
PARTNERSHIPS
Jason Harris
02/03/2009
CONTEXTUAL AND THEORETICAL ISSUES
•What is corporate law?
•How are corporations regulated?
•Corporate theory
•Shareholder primacy
Jason Harris
09/03/2009
CONTEXTUAL AND THEORETICAL ISSUES
•Corporate insolvency
•Consequences of insolvency
•Duties upon insolvency
Jason Harris
16/03/2009
CORPORATE EXISTENCECHARACTERISTICS AND CONSEQUENCES
•Corporate veil
•Veil piercing
Colin Hawes
2.
3.
4.
Lecture Topic
Staff
CORPORATE EXISTENCECHARACTERISTICS AND CONSEQUENCES
5.
23/03/2009
•Liability in contract
•Liability in tort
•Criminal liability
•Agency principles
Colin Hawes
30/03/2009
CORPORATE DECISION-MAKING
•Allocation of power between
corporate organs
•The role of the corporate constitution
•Altering the corporate constitution
Colin Hawes
7.
06/04/2009
CORPORATE DECISION-MAKING
•The role of meetings
•Types of company meetings
•Holding company meetings
•Defects in company meetings
Sophie Riley
8.
13/04/2009
Faculty non-teaching week-including mid-session exam
20/04/2009
Mid-semester non-teaching week
27/04/2009
CORPORATE GOVERNANCE
•Officers and directors
•Appointment and removal
•Liability and enforcement
•Insurance and indemnification
6.
9.
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04/05/2009
CORPORATE GOVERNANCE
•The role of directors’ duties
•Duty of care and diligence
•The business judgment rule
TBA
11/05/2009
CORPORATE GOVERNANCE
•Good faith (bona fide)
•Proper purposes
•Best interests of the company
Angus Corbett
12.
18/05/2009
CORPORATE GOVERNANCE
•Conflicts of interest
•Secret profits
•Related party transactions
Angus Corbett
13.
25/05/2009
CORPORATE GOVERNANCE
•Members’ rights and remedies
Angus Corbett
14.
01/06/2009
CORPORATE GOVERNANCE
•Corporate groups
Angus Corbett
10.
11.
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4.2
LECTURE Reading List
WEEK 1:
(week beginning 23/02/2009)
Lecture Topic
PARTNERSHIPS
Prescribed Reading
Redmond Ch 1, [3.10]-[3.60], [3.80]-[3.140]
Recommended Reading
Partnership Act 1892 (NSW)
WEEK 2:
(week beginning 02/03/2009)
Lecture Topic
CONTEXTUAL AND THEORETICAL ISSUES
Prescribed Reading
Redmond [2.110]-[2.245]
Supplementary reading 1
Recommended Reading
Redmond [2.05]-[2.105]
Supplementary reading 2
Supplementary reading 3
WEEK 3:
(week beginning 09/03/2009)
Lecture Topic
CONTEXTUAL AND THEORETICAL ISSUES
Prescribed Reading
Redmond [3.185]-[3.215]
Redmond [7.135]-[7.210] (liability for insolvent trading)
Recommended Reading
Finch V, ‘Visions of corporate insolvency law’ from Corporate Insolvency
Law (2002, Cambridge University Press)
ASIC Insolvency Information Sheets:
http://www.asic.gov.au/asic/ASIC.NSF/byHeadline/Information%20for%20cr
editors
WEEK 4:
(week beginning 16/03/2009)
Lecture Topic
CORPORATE EXISTENCE-CHARACTERISTICS AND CONSEQUENCES
Prescribed Reading
Redmond [3.70]-[3.75] (incorporation), [4.05]-[4.70] (corporate veil and
limited liability)
Recommended Reading
Harris J, Lifting the corporate veil on the basis of an implied agency: A reevaluation of Smith, Stone and Knight (2005) 23 Company and Securities
Law Journal 7-27
Moore M, A temple build on faulty foundations: piercing the corporate veil
and the legacy of Salomon v Salomon [2006] Journal of Business Law 180
Ramsay M and Noakes B, Piercing the Corporate Veil in Australia (2001) 19
Company and Securities Law Journal 250
Watson S, Who hides behind the corporate veil? Finding a way out of the
legal quagmire (2002) 20 Company and Securities Law Journal 198
ACN 007 528 207 Pty Ltd (in liq) v Bird Cameron (2005) 54 ACSR 505;
[2005] SASC 204
BG Preeco I (Pacific Coast) Ltd v Bon Street Holdings Ltd (1989) 60 DLR
(4th) 30 (Canadian case)
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WEEK 5:
(week beginning 23/03/2009)
Lecture Topic
CORPORATE EXISTENCE-CHARACTERISTICS AND CONSEQUENCES
Prescribed Reading
Redmond [4.130]-[4.185] (criminal liability), [5.310]-[5.375] (contractual and
tort liability based on agency principles)
Recommended Reading
Corporations and Markets Advisory Committee, Personal Liability for
Corporate Fault (2006) www.camac.gov.au
Chapple L and Lipton P, Corporate Authority and Dealings With Officers and
Agents (2002, Melbourne University Centre for Corporate Law and
Securities Regulation)
Cooke R, Corporate Identity (1998) 16 Company and Securities Law Journal
160
Hargovan A, Fashioning the Rules of Attribution for Corporate (2006) 24
Company and Securities Law Journal 388
Krawitz A, Protecting outsiders to corporate contracts in Australia (2002) 9 E
LAW (Murdoch University Electronic Journal of Law) 1
WEEK 6:
(week beginning 30/03/2009)
Lecture Topic
CORATE DECISION-MAKING
Prescribed Reading
Redmond [3.145] (constitution)
Redmond [8.115]-[8.120] (constitution)
Redmond [8.15]-[8.65] (limitations on power to change the constitution)
Redmond [5.95]-5.190] (allocation of power between corporate organs)
Recommended Reading
Bundaberg Sugar Ltd v Isis Central Sugar Mill Co Ltd (2006) 62 ACSR 502;
[2006] QSC 358
Capricornia Credit Union Ltd v ASIC (2007) 62 ACSR 671; [2007] FCAFC 79
Ding v Sylvania Waterways Ltd (1999) 30 ACSR 301; [1999] NSWSC 58
Lion Nathan Australia Pty Ltd v Coopers Brewery Ltd (2006) 59 ACSR 444;
[2006] FCAFC 144
Lo S, The Continuing Role of Equity in Restraining Majority Shareholder
Power (2004) 16 Australian Journal of Corporate Law 96
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WEEK 7:
(week beginning 06/04/2009)
Lecture Topic
CORATE DECISION-MAKING
Prescribed Reading
Redmond Ch 6
Recommended Reading
Capricornia Credit Union Ltd v ASIC (2007) 62 ACSR 671; [2007] FCAFC 79
Parliamentary Joint Committee on Corporations and Financial Services,
Inquiry into shareholder engagement and participation (2008)
www.aph.gov.au
Chartered Secretaries Australia, Good Governance Guides: ‘Rights of
Shareholders’, www.csaust.com
Darvas P, Section 249D and the 'activist' shareholder: court jester or
conscience of the corporation (2002) 20 Company and Securities Law
Journal 390
Redmond [8.15]-[8.65] (limitations on power to change the constitution)
WEEK 8: Faculty non-teaching week
(week beginning 13/04/2009)
There are no lectures or tutorials this week. There is a mid-session exam for those students who did not
submit an essay.
WEEK 9:
(week beginning 27/04/2009)
Lecture Topic
CORPORATE GOVERNANCE
Prescribed Reading
Redmond [5.10]-[5.90], [5.265]-[5.305] (the board of directors), [5.210]-[260]
(removing directors)
Redmond [7.30]-[7.50] (definition of directors)
Redmond [4.185] (liability)
Redmond [7.55]-[7.65] (civil sanctions)
Redmond [7.545]-[7.560] (insurance and indemnification)
Recommended Reading
ASIC v Maxwell (2006) 59 ACSR 373; [2006] NSWSC 1052
ASIC v Vizard (2005) 54 ACSR 394; [2005] FCA 1037
Corporations and Markets Advisory Committee, Personal Liability for
Corporate Fault (2006) www.camac.gov.au
Welsh M, Civil penalty orders: assessing the appropriate length and quantum
of disqualification and pecuniary penalty orders (2008) 31 Australian Bar
Review 96
Redmond [5.10]-[5.25] (standards of corporate governance)
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WEEK 10:
(week beginning 04/05/2009)
Lecture Topic
CORPORATE GOVERNANCE
Prescribed Reading
Redmond [7.10]-[7.25] (role of directors duties), [7.70]-[7.125] (duty of care)
Recommended Reading
ASIC v Maxwell (2006) 59 ACSR 373; [2006] NSWSC 1052
Vines v ASIC (2007) 62 ACSR 1; [2007] NSWCA 75
Peoples Department Stores Inc v Wise [2004] SCR 461 (Canada)
Byrne M, Directors to Hide from a Sea of Liabilities in a New Safe Harbour
(2008) 22 Australian Journal of Corporate Law 255
Harris J, Hargovan A, and Austin J, Shareholder Primacy Revisited: Does
the Public Interest Have Any Role in Statutory Duties? (2008) 26 Company
and Securities Law Journal 355
Young N, Has directors' liability gone too far or not far enough? A review of
the standard of conduct required of directors under sections 180-184 of the
Corporations Act (2008) 26 Company and Securities Law Journal 216
WEEK 11:
(week beginning 11/05/2009)
Lecture Topic
CORPORATE GOVERNANCE
Prescribed Reading
Redmond [7.215]-[7.310] (acting in good faith and for a proper purpose)
Redmond [7.535]-[7.540] (duty to individual shareholders)
Recommended Reading
ASIC v Maxwell (2006) 59 ACSR 373; [2006] NSWSC 1052
Bell Group Ltd (in liq) v Westpac Banking Corporation (No 9) [2008] WASC
239 (Ch 20)
Peoples Department Stores Inc v Wise [2004] SCR 461 (Canada)
Harris J, Hargovan A, and Austin J, Shareholder Primacy Revisited: Does
the Public Interest Have Any Role in Statutory Duties? (2008) 26 Company
and Securities Law Journal 355
WEEK 12:
(week beginning 18/05/2009)
Lecture Topic
CORPORATE GOVERNANCE
Prescribed Reading
Redmond [7.340]-[7.385] (self-interested transactions)
Redmond [7.455]-[7.520] (secret profits and misappropriation)
Redmond [7.415]-[7.450] (related party transactions)
Recommended Reading
ASIC v Maxwell (2006) 59 ACSR 373; [2006] NSWSC 1052
Bell Group Ltd (in liq) v Westpac Banking Corporation (No 9) [2008] WASC
239 (Ch 20)
Permanent Building Society (in liq) v Wheeler (1994) 11 WAR 187; (1994) 14
ACSR 109
Woolworths Ltd v Kelly (1991) 4 ACSR 431
Harris J, Hargovan A, and Austin J, Shareholder Primacy Revisited: Does
the Public Interest Have Any Role in Statutory Duties? (2008) 26 Company
and Securities Law Journal 355
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WEEK 13:
(week beginning 25/05/2009)
Lecture Topic
CORPORATE GOVERNANCE
Prescribed Reading
Redmond [8.05]-[8.10], [8.70]-[8.110], [8.125]-[8.230]
Recommended Reading
Lim Y, Part 2F.1A and the Minority Shareholder: Does It Provide a
Realistically Achievable Remedy? (2008) 26 Company and Securities Law
Journal 267
WEEK 14:
(week beginning 01/06/2009)
Lecture Topic
CORPORATE GOVERNANCE
Prescribed Reading
Redmond [4.75]-[4.125]
Redmond [7.315]-[7.335]
Recommended Reading
Bell Group Ltd (in liq) v Westpac Banking Corporation (No 9) [2008] WASC
239 (Ch 20)
Corporations and Markets Advisory Committee, Corporate Groups (2000)
www.camac.gov.au
NSW Special Commission of Inquiry into the Medical Research and
Compensation Foundation, Annexure T (2004)
http://www.dpc.nsw.gov.au/publications
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5. TEXTS AND MATERIALS
5.1
PRESCRIBED Texts
Paul Redmond, Companies and Securities Law: Commentary and Materials (Lawbook Co, 5th ed, 2009).
1.
**Older editions of this text are not suitable**
Corporations Legislation 2009.
2.
5.2
All 3 major publishers (Thomsonreuters, LexisNexis Butterworths and CCH) publish annual editions of the
Corporations Act 2001 (Cth). Each of these volumes contains the legislation with brief supporting notes,
although the Thomsonreuters version also provides a detailed annual review (by Baxt) and case
annotations (by Harris).
RECOMMENDED Texts
General reading on corporate law
th
RP Austin and IM Ramsay, Ford’s Principles of Corporations Law (LexisNexis Butterworths, 13 ed, 2007)
(the most thorough and comprehensive reference on Australian corporate law (also available on-line via the
UTS Library))
RP Austin, HAJ Ford and IM Ramsay, Company Directors: Principles of Law and Corporate Governance
(LexisNexis Butterworths, 2005) (a detailed treatment of the legal rules of corporate governance, directed at
the needs of specialist legal practitioners)
E Boros and J Duns, Corporate Law (Oxford University Press, 2007) (a succinct discussion of key corporate
law principles)
J Cassidy, Corporations Law (Federation Press, 2
principles and cases)
nd
ed., 2008) (a concise discussion of key corporate law
J Corkery and B Welling, Principles of Corporate Law in Australia (Scribblers, 2008) (a concise discussion of
key corporate law principles and cases)
J Harris, A Hargovan and M Adams, Australian Corporate Law (LexisNexis Butterworths, 2008) (a good
introduction to the subject but written with business, not law, students in mind)
th
P Lipton and A Herzberg, Understanding Company Law (Lawbook Co, 14 ed, 2007) (a good introduction to
the subject but written with business, not law, students in mind)
nd
R Tomasic, S Bottomley and R McQueen, Corporations Law in Australia (Federation Press, 2 ed, 2002) (this
book is good at putting the subject into context although given its publication date does not include recent
developments)
th
P Hanrahan, I Ramsay and G Stapledon, Commercial Applications of Company Law (CCH, 10 ed, 2009)
(this book is a useful overview designed for business students)
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Study Guides
L Chapple, Company Law (Pearson Law Briefs, 2008)
J Harris, Corporations Law (LexisNexis Study Guide, 2008)
rd
J Harris, Corporations Law Questions and Answers (LexisNexis Butterworths, 3 ed, June 2009)
rd
M Quilter, The Company Law Notes (Lawbook Co, 3 ed, 2008)
th
C Symes and T Ciro, Corporations Law in Principle (Lawbook Co, 8 ed, 2008)
D Wishart, Corporations Law Guidebook (Oxford University Press, 2008)
Specialist/Overseas Works
B Cheffins, Company Law: Theory, Structure and Operation (Clarendon Press, 1997) (a more advanced legal
and theoretical analysis, insightful and stimulating, again largely written from a law and economics
perspective)
P Davies, Gower and Davies’ Principles of Modern Company Law (Sweet and Maxwell, 8
comprehensive treatment of company law from a UK perspective)
th
ed, 2008) (a
R Kraakman et al, The Anatomy of Corporate Law: A Comparative and Functional Approach (Oxford UP,
2004) (sophisticated but accessible introduction to corporate law and its underlying theories written from a law
and economics perspective)
W Klein and J Coffee, Business Organization and Finance: Legal and Economic Principles (NY: Foundation
th
Press, 8 ed, 2002) (an excellent introduction, also informed by a law and economics perspective)
5.3
Useful Websites
1.
Australian Securities and Investments Commission (www.asic.gov.au)
2.
Corporations and Markets Advisory Committee (www.camac.gov.au)
3.
Parliamentary Joint Committee on Corporations and Financial Services (www.aph.gov.au)
4.
Melbourne Law School Centre for Corporate Law & Securities Regulation (http://cclsr.law.unimelb.edu.au)
5.4
UTS Audio Visual Service Lecture Recording
Lecture tapes are available for purchase from the UTS Audio Visual Services in CM05.D.101 (at the
entrance past the “Art of Food” café) on the Haymarket Campus, Quay Street. Please note that no
responsibility is taken for the quality or reliability of this taping service and that no special consideration
applications will be considered in relation to problems experienced by students using this taping service.
Students may only use these audio-tapes for private study purposes and (to avoid any legal action)
permission must be obtained from the Subject Coordinator for any other usage.
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6. TEACHING AND LEARNING
6.1
Graduate Attributes
The UTS, Faculty of Law has identified a number of professional attributes that graduates from the
Faculty will possess upon graduation.
§INTELLECTUAL
1.Critical Thinking
An appropriate level of independent thinking, creativity and critical analysis.
2.Analysis and Evaluation
An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and
implement decisions.
3.Spoken and Written Communication
Advanced oral and written communication skills.
4.Legal Research and Technological Literacy
Appropriate research techniques to acquire, distil and utilise legal information.
§PROFESSIONAL
5.Disciplinary Knowledge
A coherent and extensive knowledge of substantive and procedural law.
6.Lifelong Learning
A capacity to continually update the knowledge skills and awareness appropriate to the
practice of law.
7.Ethics
A capacity to value and promote honestly, accountability and ethical standards.
§PERSONAL
8.Self and Cooperative Work Management
Self and priority management skills including cooperative work.
9.Cultural Awareness and a Global Outlook
An appreciation and valuing of cultural and intellectual diversity and an ability to function in a
global environment.
10.Social Justice
An acknowledgement and acceptance of individual responsibilities and obligations and of the
assertion of the rights of the individual and the community.
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6.2
Learning Objectives
This subject will assist students to develop graduate attributes by pursuing the following learning
objectives. Students will undertake class activities to practise their development of these attributes, and
will complete a range of assessment tasks designed to assess their attainment of the identified attributes.
Targeting
Graduate Attributes #
No.
OBJECTIVE
1.
To
demonstrate
a
working
knowledge
and
understanding
of
the
principles,
doctrines
and
structures
of
Australian
company
law
within
the
context
of
the
prescribed
readings
1,
2,
4
and
5
2.
To
demonstrate
the
ability
to
analyse
and
appraise
the
ideas,
themes
and
policies
behind
Australian
corporate
law,
including
an
introductory
comparative
analysis
with
the
ideas,
themes
and
policies
of
the
overseas
jurisdictions,
such
as
the
United
States,
the
United
Kingdom,
Europe
and
Asia
generally.
1, 2, 5 and 9
3.
To
demonstrate
an
appreciation
of
diversity,
cultural
and
gender
values
specifically
in
the
context
of
corporate
law.
1, 2, 5 and 9
4.
To
demonstrate
the
ability
to
identify
and
analyse
relevant
facts,
problems
and
issues
from
a
given
scenario
and
develop
an
argument
in
response,
discussing
available
options
in
the
context
of
corporate
law.
1,
2,
3,
5,
7
and
9
5
To
demonstrate
the
ability
to
comprehend
legal
texts,
evaluate
the
reasoning
or
argument
and
determine
the
relative
merits
of
each
argument
in
the
context
of
corporate
law.
1,
2,
5,
7
and
9,
particularly
1.
6
To
demonstrate
the
ability
to
analyse
legal
texts,
draw
conclusions
and
identify
areas
of
deficiency,
with
respect
to
legal,
social
and
economic
issues
in
the
context
of
corporate
law.
1,
2,
4,
5,
7
and
9,
particularly
2.
7
To
demonstrate
the
ability
to
locate,
use
and
cite
relevant
reference
material
from
both
primary
and
secondary
sources;
to
evaluate
information
for
usefulness
and
to
maintain
and
update
knowledge
in
the
context
of
a
corporate
law
topic.
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2,
4
and
5
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6.3
Subject Prize
An annual awards ceremony is held at the Faculty of Law each year in recognition of the achievements of
our students. The top student in this subject for each year is awarded the HWL Ebsworth Award. Details
of the prize are available in the online Handbook at www.law.uts.edu.au/students/prizes/prizes.html.
6.4
Teaching and Learning Strategies
Link to Learning
Objectives
Teaching Strategy
#1 Learning through study of and reflection upon assigned
readings before class. Student reflection outside class, for
class and for assessment, is the principal learning strategy
for the subject.
#2 Teaching is delivered through a combination of lectures
and tutorials. The lectures build upon prior student reading of
assigned material so that the lecture does not focus on
knowledge transmission but is devoted to strengthening
skills of comprehension, analysis, application to problems,
and appraisal of policy.
#3 The tutorials involve interactive class discussion of preassigned problems, exercises and readings that strengthen
skills in the application of knowledge to problem situations.
#4 The essay enables students to pursue in depth an aspect
of the subject through sustained research, reflection and
writing.
#5 Exam preparation and the examinations themselves
develop skills of synthesis of different corporate law
doctrines and reveal the inter-relation of principles and
doctrines and systemic connections.
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1, 2, 5 and 6
1, 2, 5 and 6
1, 2, 3, 4, 5, 6 and 7
1, 2, 3, 4, 5, 6 and 7
1, 2, 3, 4, 5 and 6
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6.5
Subject Delivery
This subject is taught through one two-hour lecture on Mondays and one two-hour tutorial on
Mondays, Tuesday or Wednesdays. Students are expected to remain in their tutorial groups for
the duration of the semester. Students may change their tutorial group only with the prior
approval of the Subject Coordinator.
The lectures have both day and evening streams, with the evening stream being a repeat of the day
stream lecture.
Tutorials for this subject commence in Week 1. The tutorials will involve a range of tasks covering
both skills and substantive legal knowledge. With the exception of Week 1, students are expected to
have completed the required reading before the lecture, and to have read over the tutorial program
before the tutorial class.
On average, you are expected to read 30-40 pages for each lecture. Since this subject carries 8
credit points, it is assumed that throughout the semester you will be spending an average of 12-14
hours per week on this subject, including class time.
The timetabled activities for this subject can be found on the UTS timetable online at
http://timetable.uts.edu.au. Students enrolled in this subject can view their personalised timetable in
My Subject Activities online at https://mysubjects.uts.edu.au.
Principles of teaching and learning
It might be helpful to set out the principles that will hopefully shape teaching and learning in this
subject.
•Learning will be more effective when it is active, when you are actively engaged in the
learning process. That requires prior preparation on your part and regular participation in
tutorials at least.
•The value of interactive learning and teaching lies in its encouragement of higher order
thinking skills such as analysis, synthesis and critical evaluation. These are part of the learning
objectives identified above at 6.2.
•This means that you will do most of your learning in individual preparation and in discussion
with other students both in and out of class. Cooperative learning with peers out of class is
strongly encouraged, to develop interpersonal, professional and cognitive skills as well as
friendships and enduring connections. Extend friendship to your fellow students as your tutors
and I do to each of you. Learning and teaching is at its core a humanistic enterprise.
•You will learn most effectively when you are stretched and challenged, in class and through
assessment exercises that are not “make work” but are valuable and pleasurable learning
exercises. You will be most challenged in this subject, I believe, when your learning has a high
reality quotient, that is, is informed by knowledge of what is being done and thought, and not at
some distance from it.
Your learning will be most effective and your personal goals, as I anticipate them, will be best
served, when the learning and teaching process is shaped by the past experience each of you
brings to the subject and by the future ambitions and goals that each individual has.
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6.6
A personal message to students
An invitation to make contact
Please feel free to make contact with me about any aspect of the subject. In particular, if there are
cultural/linguistic/personal issues that may impose barriers to your studying or understanding of the material I
should like to talk to you about these difficulties early in the course.
I am also conscious that the world does not stand still while you are studying. Personal and other crises
occur in your lives and those of your close friends and family. Do not suffer in silence if something happens
to you that affects your study in this subject. Make contact early so that we can assist you with any helpful
adjustments.
Read the business pages!!
It’s really useful while taking this subject to read the financial press daily. Look regularly at the business
pages of The Sydney Morning Herald, The Australian or read the Australian Financial Review. Watch
Lateline Business and Inside Business on the ABC. Think about keeping clippings of matters that seem
important and follow their twists and turns during the semester. Think also about keeping a journal for the
duration of the semester, noting up and reflecting upon significant developments.
It is a particularly useful function of this subject to help those without a business background to get a sense
of the issues that business generates. They have major impacts upon the lives of all of us. For those with a
business background, I hope that the subject widens your perspective and perhaps adds a different way of
seeing these issues. Reading the newspapers and keeping a journal is helpful to each group. All of the staff
involved in this course will try to inject into classes reference to current corporate developments with a legal
or social dimension. There is a standing invitation for you to do so.
May you find the subject intellectually stimulating, academically enriching and professionally valuable. I shall
be trying to make it so for you.
Jason Harris, subject co-ordinator Autumn 2009
6.7
Lecture Recording Information
Audio or visual recording of classes for this subject is strictly prohibited unless written approval is sought and
given in advance by the Subject Coordinator. Approval for audio or visual recording will usually be limited to
medical or hardship reasons, and if approved, must be arranged by the student. Students may only use the
audio or visual recording for private study purposes and (to avoid any legal action) permission must be
obtained from the Subject Coordinator for any other usage. Given the inter-active nature of classes, any
student who does not wish to be audio-taped must advise the Subject Coordinator in advance otherwise
permission from students is assumed.
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7. ASSESSMENT AND EXAMS
Students are responsible for familiarising themselves with, and acting, upon all requirements relating to
examinations and assessments.
7.1
Assessment
Due Date
Value
%
Assessment
Research and writing task
10
Monday 16.3.09 (6pm)
Tutorial participation
15
N/A
Mid-semester exam OR research
essay
25
Essay-Wednesday 1.4.09 (6pm)
Exam-Monday 6.4.09
Open book final exam
50
TBA
Specific criteria for each form of assessment are discussed below in 7.3-7.5.
7.2
Assessment Link to Learning Objectives and Graduate Attributes
Assessment
Link to Objectives
Research
and
writing
task
1,
4,
5
and
7
Tutorial
participation
1,
2,
3,
4,
5,
6
and
7
Essay
1,
2,
3,
5,
6
and
7
Mid‐semester
exam
1,
2,
4,
and
6
Final
exam
1,
2,
3,
4,
5,
6
and
7
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7.3
Assessment Details and Essential Requirements of Assessment
Research and writing task (10 marks)
The purpose of this task is to build upon the research and critical analysis skills that students have
developed in previous subjects. In particular, the task allows students to demonstrate that they have
the appropriate skill set to successfully complete the assessment exercises in this subject.
This task has 2 parts (each work 5 marks).
Part 1 is designed to help students improve their informational literacy and research skills, particularly
to identify and evaluate quality sources of information relevant to corporate law issues.
Part 2 is a brief problem solving exercise. The ability to identify relevant corporate law issues, and to
critically assess what an optimal course of action for a particular client is a key skill not only in working
as a corporate lawyer, but in general business. The final exam is based primarily on problem solving
skills, and this task is designed to give students an early opportunity to demonstrate their problem
solving skills. It is hoped that the feedback given for this short task will assist students in improving
their problem solving technique.
The exercise will be made available by way of UTSOnline and students will have two weeks to
complete it.
Tutorial preparation (15 marks)
The 15% value placed on this assessment item emphasizes the importance of full class participation
in this subject. 2009 sees a restructure of the way that Corporate Law is taught at UTS from a lecture
based course to a more student centred, discussion based course. The key part of this restructure
has been to reduce the length of lectures and to increase the duration of tutorials. This is designed to
send a clear signal that tutorials are important opportunities for students to enhance their
understanding and skill-set needed to complete the subject. The tutorials will feature a range of
individual and group based activities which will give students ample opportunity to demonstrate their
understanding and to clarify difficult points through interaction with the tutor (who will usually be the
lecturer for that topic) and their fellow classmates. The tutorials are not run to provide answers to predetermined questions. Corporate law is not about memorising rules or cases, it is about
understanding how to identify a problem, locate and then apply the appropriate principle and to
assess the value of the outcome for different stakeholders. The understanding of the principles comes
not from detailed lecture notes but from reading widely and attempting problem and discussion
questions. You will learn about corporate law by using it!
You must prepare in advance for the tutorials and be able to exhibit analytical skills in dealing with the
materials and problem questions. You must attend at least 70% of the tutorials. Tutorial attendance
sheets will be kept, although attendance alone is not sufficient to gain marks, as these are based on
your participation during class.
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7.4
Mid-semester Exam (Faculty-based) OR Research essay
Mid-semester open book exam (25 marks)
The open book exam will cover material dealt with in lectures 1-6 and the corresponding tutorials, that
is, the first three themes or parts of the subject. The exam will be held in lecture times on Monday
th
6 April 2009 in your normal lecture room.
The exam will comprise two problem questions based on material covered in lectures 1-5.
This assessment option has the advantage of encouraging students to draw together and reflect upon
the foundational elements of corporate legal doctrine and structure before commencing the more
demanding corporate governance material.
Essay (25 marks)
The other option is a 3,000 word essay on a set topic — topics will be announced on UTSOnline. The
essay is worth 25% and is due on Wednesday 1 April 2009 by 6pm. It must include a bibliography.
The 3,000 word count includes all text in the body of the essay (including headings) but not material in
the footnotes or bibliography. Footnotes should be used for citation purposes only. Students must
email a copy of their paper to the course co-ordinator by the due date and time.
Essays will be marked according to the following criteria:
•Understanding the law and its practical application.
•Evidence of research beyond the prescribed readings and utilisation of appropriate legal source
material.
•Clarity of structure and argument, including consideration of alternative viewpoints.
•Critical consideration of policy issues (such as adequacy of current law, impact on stakeholders,
opportunities for law reform or comparative perspectives)
7.5
Formal Exam (Centrally-conducted)
The final exam will be worth 50% of your final mark. The exam will be open book and three
hours in duration. The exam will cover all parts of the subject, but no topic covered in the
mid-semester exam will form the primary element of any question asked in the final exam.
As with the mid-semester exam, the final exam will predominantly comprise problem-based
questions although there may be an essay question, for example, one that asks you to
reflect on how a situation in one of the problems might be seen through the lens of different
corporate theories. Corporate theory is introduced in class 2 and continuing reference will be
made to the perspectives different theories of the corporation bring to issues under
consideration. It is important to you develop skills in analysing principles and issues in
corporate law using different theoretical frameworks. The ability to think and analyse issues
from different perspectives is an important skill that is highly valued in the workforce.
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
Remember to CHECK important dates in relation to ‘Centrally-conducted’ Exam matters on the
UTS website at www.sau.uts.edu.au/assessment/exams/dates.html; which includes the following:
§ Deadline for assessment arrangements (Special Conditions application)
§ Final centrally-conducted exams timetable release date
§ Deadline for Advice of Scheduling Difficulties applications
§ Centrally-conducted exams commencement and finishing dates
§ Special Exams commencement and finishing dates
§ Results release date
§ Supplementary Exams period
8. GUIDE TO ASSESSMENTS
8.1
ASSIGNMENTS
8.1.1 Presentation
Assignments must be typed in a legible font at least 11 point in size, with numbered pages, and printed
double-sided on A4 paper (with at least a 2cm margin).
The UTS:Law Assignment Cover Sheet must be completed and stapled on the top left-hand corner.
Cover sheets are available at the Law Reception foyer, or on the Law webpage at
www.law.uts.edu.au/students/assessment/submitting.html.
Please do not place your work in a plastic sleeve or binder unless specifically requested to do so by the
Subject Coordinator or Lecturer.
8.1.2 Referencing
Should be in accordance with the Australian Guide to Legal Citation (2nd Edition, 2002). The guide
can be viewed online at http://mulr.law.unimelb.edu.au/files/aglcdl.pdf or purchased from
http://mulr.law.unimelb.edu.au/index.cfm?objectid=EC680959-CA26-5FED-64377B996D86A395.
8.1.3 Extensions
Requests for short-term extensions (no more than 1 week) without academic penalty, must be made
formally using the Request for Extension form.
Extensions may be granted for no more than one (1) week. Form are available at the Law Reception
foyer or on the Law webpage at www.law.uts.edu.au/students/current.html under the heading ‘Links to
Important Information & Useful Resources’.
Application forms must be submitted before the due date of the assessment item, directly to the Faculty
of Law Reception Counter (CM05B.03.32) or by fax to (02) 9514 3400.
Students whose studies are affected by serious illness or hardship, and require long-term extensions
should submit an Application for Special Consideration.
8.1.4 Penalty for late submission without an extension
Submission of the essay after the due date and time without a prior written extension granted by the
subject co-ordinator will result in a late penalty of 15% of the available marks taken from the final
score. This penalty is applied for each day late or part thereof. Therefore, if you submit your essay at 9
am on Thursday 2nd April 2009 (i.e. the morning after the due date) you will have 15% of the grade (i.e.
3.75 marks) deducted from your final mark. If you would have received 15/25 for your essay and you
submit the paper 1 day late without an extension your final grade will be 11.25/35. The imposition of a
late penalty is designed to encourage students to develop appropriate professional practices of working
within specific instructions and meeting client expectations.
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8.1.4 Submission
Must be in hard copy to the Faculty of Law Reception by 6.00pm on the due date unless otherwise
advised. Assignments will not be accepted by email or via UTSOnline unless otherwise advised by the
Subject Coordinator or Lecturer. Students must retain a copy of their assignment(s).
8.1.5 Return of Papers
Assignments for on-campus students will be available for collection from the Law Reception counter
(CM05B.03.32) unless otherwise arranged by the Subject Coordinator or Lecturer.
8.1.6 Feedback
Please make an appointment with the Subject Coordinator or Lecturer if you want additional feedback on
your assignment. You must bring a copy of your assignment to the appointment.
8.2
FACULTY-BASED EXAMS
8.2.1 Scheduling Difficulties
If you are aware before a Faculty-based exam that you will be unable to sit at the scheduled session (due
to eg. work or significant work commitments, etc); you are advised to contact your Lecturer or Subject
Coordinator by email, at least 5 days prior to your scheduled exam. You are also advised to
attach/provide supporting documents to substantiate your reason of the scheduling difficulties.
8.2.2 Cannot Attend an Exam?
If you are not able to attend a Faculty-based exam due to illness or circumstances beyond your control;
you are advised to contact your Lecturer or Subject Coordinator by email, within 2 days of your
missed exam. You are also advised to attach/provide supporting documents to substantiate your reason
for having missed the exam.
8.3
CENTRALLY-CONDUCTED EXAMS
8.3.1 Scheduling Difficulties
If you have 2 exams set for the one timeslot (not just on the one day), or you are aware before the
Formal (end-of-semester) exam that you will be unable to sit at the scheduled session (due to eg. work or
significant personal commitments, etc); you are advised to submit an Advice of Scheduling Difficulties
application form directly with the Student Centre Haymarket, within 2 days after the release of the
Formal Exam Timetable.
Application forms are available on the website at www.sau.uts.edu.au/forms/#assessment.
8.3.2 Missed an Exam?
If you missed a Formal Exam due to illness or circumstances beyond your control; you are advised to
lodge an online Application for Special Examination within 2 days of your missed exam. The online
application system can be accessed from www.sau.uts.edu.au/exams_ass/missed_exam.html.
8.2.3 Past Papers
Past exam papers may be available from the UTS Library website in electronic format; see
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www.lib.uts.edu.au/finding. Please note that not all subject exam papers are made publicly available and
not all past exam papers are available.
8.2.4 Return of Papers
Exam papers will not be returned. However if you want feedback on your exam you may make an
appointment with the Subject Co-ordinator or Lecturer, who will go over your paper with you. Papers will
be held for a maximum of six months from the date of the exam.
8.4
ACADEMIC LIAISON OFFICER
The Academic Liaison Officer (ALO) is the contact for students with Special Needs, Indigenous students,
and inputs Educational Access Scheme students; or those who experience difficulties with their studies
because of primary carer’s commitments, have an illness or experienced misadventure that has affected
the student for the duration of a semester.
Accordingly, you would see the ALO for applications for ‘assessment adjustment arrangements’ if you are
in the following categories:
•
Students with disabilities and ongoing illnesses. These students need to consult with the Special
Needs Service of the Student Services Unit to discuss suitable learning and assessment
arrangements PRIOR to seeing the ALO (see note 5.3 below).
•
those who experience difficulties with their studies because of family commitments such as
primary carers of small children or family members with a disability or ongoing illness, including
students with maternity needs and students who have an illness or experience misadventure for
the duration of a semester.
•
Indigenous students
•
InpUTS Educational Access Scheme students
•
For further information, see www.ssu.uts.edu.au/sneeds/services/assessment/alo.html
Please Note:
Requests to the ALO must be made at the start of each semester, and NO later than
week 9.
Further information related to Learning and Assessment Adjustment Arrangements, is available on the
relevant application forms on the UTS, Student Administration website at
www.sau.uts.edu.au/forms/index.html#assessment (see also note 5.3).
The ALO does NOT undertake the following:
8.5
•
process applications due to temporary illness/misadventure, or pass on general requests for
extensions. Students in these circumstances must lodge an application for Special Consideration
directly with the Student Centre Haymarket, by the specified closing date(s).
•
assess or process applications for Special Conditions in tests or examinations for students of NonEnglish Speaking Backgrounds (NESB). NESB students should contact the ELSSA Centre for
further information, and/or to request extra time/ dictionaries in examinations.
SPECIAL NEEDS
Special Needs students, ie. students with disabilities and ongoing illnesses apply through the Special
Needs Service of the Student Services Unit. Students are advised to lodge the relevant application
form(s) by the end of week 2 of semester.
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Primary carers, Indigenous students, and students with maternity needs, illness or misadventure lasting
for only 1 semester, apply directly to the ALO. Arrangements are mediated by the ALO on terms
acceptable to the staff and students concerned. The same form as the Special Needs form is used, but
lodged directly with the ALO (not the Special Needs Service of the Student Services Unit).
Please refer to the information specified throughout the form(s) for instructions, timeline/due date and
lodgement point PRIOR to contacting the ALO. Application forms are available from the UTS website at
www.sau.uts.edu.au/forms/index.html#assessment.
The Faculty of Law’s ALO can be contacted by phone on (02) 9514 3495 or via email
ALO@law.uts.edu.au. Email communication is the preferred contact method.
8.6
SPECIAL CONDITIONS
Students from Non-English Speaking Background (NESB) may be eligible to apply for Special Exam
Conditions. The university makes provisions for students who have been studying English for a limited
time to use a paper dictionary, and to have extra time in exams.
The application form for Special Conditions in Exams is available from the UTS website at
www.sau.uts.edu.au/forms/#assessment; and must be lodged directly with the ELSSA Centre at least 30
days PRIOR to Faculty-based exams and/or at least 30 days before the Formal exam period starts (for
Centrally-conducted examinations).
Refer to the UTS website at www.sau.uts.edu.au/assessment/exams/dates.html for Centrally-conducted
exam period dates; to ensure you lodge your applications on time.
8.7
SPECIAL CONSIDERATIONS
If your work during a teaching period or performance in an assessment item, including examinations has
been affected by illness or other causes; you may be eligible to request for Special Consideration.
The application form to Request for Special Consideration is available from the UTS website at
http://www.sau.uts.edu.au/forms/pdfs/SPCON_0608.pdf; and must be lodged directly with the Student
Centre Haymarket before the due date of the assessment item and/or no later than ONE working day
after an examination.
Requests will only be considered in accords to university rule 8.3 Special Consideration of disruption to
assessment (see www.gsu.uts.edu.au/rules/8-3.html), and as per the criteria specified on the front page
of the application form.
8.8
GRADES AND REVIEW OF GRADES
Grades are criterion-referenced; ie. your work is assessed against the assessment criteria, and not
against the work of other students in the subject.
University policy concerning the standard of work required to earn each grade is further specified in the
UTS Coursework Assessment Policy and Procedures Manual (see
www.gsu.uts.edu.au/policies/coursewkassess.html).
Students may apply for review of a final subject assessment result; where such requests will be
determined in accordance to University rule 8.6 - Assessment of Coursework Subjects (see
www.gsu.uts.edu.au/rules/8-6.html).
Applications must be completed in accords to the processes outlined on the form; and must be lodged
directly with the Student Centre Haymarket by the specified closing date(s). The application form for a
Review of Final Subject Assessment Results is available on the UTS website at
www.sau.uts.edu.au/forms/pdfs/result_review_0707.pdf.
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8.9
ONLINE PLAGIARISM PREVENTION
You should also note that academics have access to resources that can check for evidence of plagiarism
from internet sites.
8.10 ENGLISH LANGUAGE STUDY ASSISTANCE CENTRE (ELSSA)
If you need assistance with written or oral expression in English, contact the ELSSA Centre on (02) 9514
2327 or refer to their website at www.elssa.uts.edu.au for more information on the services they provide.
The ELSSA Centre is located in the Tower Building, on Level 18.
9. RESOURCES
9.1
UTS LIBRARY
The UTS Library has a wide range of services and resources that you will find useful, including law
reports, law journals, textbooks, and access to online resources www.lib.uts.edu.au.
Relevant materials in this subject may also be available on Closed Reserve, which is a special borrowing
service that allows you to use the material for two hours or overnight, to ensure the materials are
available to many students. Materials on closed reserve are listed in the library catalogue by subject
details and Subject Co-ordinator. Contact the Law Librarian on (02) 9514 3341 for further information or
assistance.
9.2
LEARNING SKILLS
The BELL (Becoming an Effective Lifelong Learner) website provides information, self-testing and links to
help you develop your learning skills. Visit the BELL web site www.bell.uts.edu.au.
9.3
UTSOnline
This subject has a UTSOnline site (http://online.uts.edu.au/). The site may include announcements made
in lectures, copies of lecture overheads/slides, and clarification of administrative and assignment matters.
It is the responsibility of students to ensure they are registered on UTSOnline for this subject, and
regularly check UTSOnline for announcements.
If you have difficulties accessing UTSOnline, contact the ITD Helpdesk by phone on (02) 9514 2222 or email help.desk@uts.edu.au; and/or the Student Centre Haymarket by phone on (02) 9514 3444 or via
Service Desk at https://servicedesk.uts.edu.au/CAisd/pdmweb.exe.
9.4
UTS STUDENT CENTRE
Staff at the Student Centre Haymarket will provide general student administration related information and
advice to students, as well as specific administration services for Law students.
Students with enquiries and/or wishing to query the process of administrative applications should contact
the Student Centre Haymarket directly online via https://servicedesk.uts.edu.au/CAisd/pdmweb.exe or by
phone on (02) 9514 3444.
The Student Centre Haymarket is located in Building 5, on 2 levels (Level 1, and Level 5). Opening hours
of the Student Centre Haymarket may vary, and bet to check this information at
www.uts.edu.au/students/centres.html PRIOR to visiting the centre.
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9.5
LAW RECEPTION
Staff at Law Reception cannot assist with course or student administration related enquiries, but will
happily assist with:
§
§
§
Submission and collection of Law assignments
Collection of course materials for the current semester
Submission of applications for Request for Extension
Location and opening hours for Law Reception is available at www.law.uts.edu.au/contactus/index.html.
10. UTS RULES, DATES AND WEB REFERENCES
10.1 STUDENT RELATED RULES
Students are strongly advised to read the Rules of the University, available from the UTS website at
www.gsu.uts.edu.au/rules/index.html; and to understand the requirements of their course by referring to
the online Handbook at www.handbook.uts.edu.au/.
Staff at the Student Centre Haymarket is available to answer any further enquiries you may have; and
can be contacted by phone on (02) 9514 3444 or online via Service Desk at
https://servicedesk.uts.edu.au/CAisd/pdmweb.exe.
10.2 ATTENDANCE AND/OR PARTICIPATION REQUIREMENTS
Rule 3.8.2 states that if a student does not satisfy the prescribed attendance and/or participation
requirements for a subject, the Responsible Academic Officer may:
(1) refuse permission for the student to be considered for assessment;
(2) refuse permission for the student to attempt an assessment task;
(3) refuse permission for the student to undertake an examination in that subject;
(4) record a final result of 'Fail' for the student's enrolment in that subject.
If a student is prevented from meeting prescribed attendance or participation requirements as a result of
illness or other circumstances beyond the student's reasonable control, the student may apply for
consideration of alternative arrangements.
Applications must be made through the university’s prescribed processes, and students are advised to
consult with staff at the Student Centre Haymarket to ascertain the appropriate method of application.
10.3 ASSESSMENT REQUIREMENTS
Details of assessment requirements is provided in this Subject Outline; and students have a responsibility
to ensure they are fully informed of all aspects of the subject assessment requirements and of the
assessment processes.
10.4 SUBJECT WITHDRAWAL
Students wishing to withdraw from a subject without academic and/or financial penalty must do so by the
Census Date for the current semester. Students are able to self-withdraw from a subject online via ‘My
Student Admin’ at www.sau.uts.edu.au/managing/msa.html if prior to the Census date.
Where a student wishes to withdraw from a subject and has been unable to complete the process by the
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Census date for the current semester, as a result of illness or other circumstances beyond his/her
control; the student is required to lodge a formal application via the online ‘e-Request’ system at
www.sau.uts.edu.au/enrolment/e-request/, supported by a medical certificate or other relevant evidence.
Census dates are published on the UTS website at www.sau.uts.edu.au/dates/census/index.html.
Contact the Student Centre Haymarket for further advice or assistance on this matter.
10.5 KEY DATES
Teaching Period
www.sau.uts.edu.au/dates/teaching/index.html
Academic Year Dates
www.handbook.uts.edu.au/dates_academic.html
Dates: CENSUS
www.sau.uts.edu.au/dates/census/index.html
Dates: EXAMS
www.sau.uts.edu.au/assessment/exams/dates.html
Principal Dates
www.handbook.uts.edu.au/dates.html
Timetable: CLASS
http://timetable.uts.edu.au/
Timetable: EXAMS
www.sau.uts.edu.au/assessment/exams/timetable/index.html
10.6 STUDENT RELATED RULES
Student Rules
www.gsu.uts.edu.au/rules/student-index.html
Review of Assessment Results
www.gsu.uts.edu.au/rules/8-6.html
Special Consideration
www.gsu.uts.edu.au/rules/8-3.html
Variation of Enrolment
www.gsu.uts.edu.au/rules/7-5.html
10.7 STUDENT SELF ADMINISTRATION
E-Requests
http://datasearch.uts.edu.au/evop
Forms: Student Admin
www.sau.uts.edu.au/forms/index.html
My Student Admin
www.onestopadmin.uts.edu.au/
My Subject Activities
https://mysubjects.uts.edu.au/
UTSOnline
https://online.uts.edu.au/webapps/login/
10.8 REFERENCES
Law Handbook
www.handbook.uts.edu.au/law/index.html
Law Webpage
www.law.uts.edu.au/
Student Admin Unit
www.sau.uts.edu.au
Student Centres
www.uts.edu.au/students/centres.html
UTS Policies
www.gsu.uts.edu.au/policies/index.html
10.9 CONTACTS
Academic Liaison Officers
www.ssu.uts.edu.au/sneeds/services/assessment/alo.html
ELSSA
www.elssa.uts.edu.au/about/
Law Reception
www.law.uts.edu.au/contactus/index.html
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Staff Directory
http://email.itd.uts.edu.au/webapps/directory/byname/
Student Centres
www.uts.edu.au/students/centres.html
Student Services
www.ssu.uts.edu.au/
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