BASIS OF ASSESSMENT:
You will be assessed on:
a) Analysis (approx. 60% of the marks are allocated here)
• Depth of understanding of the topic and identification of relevant issues
• Accuracy of the law (legislation and cases) used to support discussion
• Clarity and coherence of the debate/discussion (think of leading the reader along a pathway, explaining the features, their importance and impact)
• Quality of discussion and argument
• Attempt to canvass a range of views and to offer an individual opinion on the state of the law/need for reform (depending on topic)
b) Research ( approx. 30% of the marks are allocated here)
• The use made of appropriate legal sources, in particular primary legal sources: e.g., the appropriate legislation and cases (it is appropriate to rely on the summaries of cases located in secondary sources)
• The breadth and use made of relevant secondary legal sources, in particular a number of legal texts, internet sites and where possible academic journal articles.
c) Presentation (10% of the marks are allocated here)
• Readable connected prose NOT point form summaries
• Grammar and spelling
• Effective use of HEADINGS
• Consistent and accurate acknowledgment of sources using a recognised style – both in relation to in-text referencing and list of references/bibliography.
• Identification of the reference style being used (please put on title page)
• Typed preferably and double-spaced
Referencing: In-text referencing (either Harvard Style or footnotes) must be included. A bibliography must also be included.
The research should be a thorough coverage of the critical legal points in the chosen topic and some conclusions should be drawn concerning the issues. Students should form their own opinions after informing themselves of the different views and relevant issues. Students should assume they are writing for an audience who already has general knowledge of the law. Students should aim to examine an area of interest at a deeper level than the level of the course lecture materials or a textbook.
Your research should contain at least five articles relating to your topic extracted from but not limited to the following current sources:
a) Daily newspapers
b) Journals (targeted at professional practitioners) – for example, Law Institute Journal
c) Journals (targeted at academics) – for example, Melbourne University Law Review
d) Global business data bases
e) Internet resources
f) Law reports / statutes
YOUR OWN ANALYSIS, EXPLANATION, DISCUSSION AND COMMENT ARE REQUIRED, NOT JUST A SUMMARY OF EXISTING ARTICLES. THE COMMENTARY SHOULD DEMONSTRATE AN UNDERSTANDING OF THE ARTICLE AND THE BROADER ISSUES RAISED AND THEIR RELEVANCE TO CORPORATE FINANCE LAW IN GENERAL.
Question
The legal obligations imposed on directors are not onerous enough. Directors should be under a higher duty of care. Recent cases involving breaches by duties demonstrate that the Corporations Act is not strong enough to punish directors.
Required:
Discuss whether you agree with this statement or whether you think directors in Australia should face a heavier duty than currently exists