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LAW00004 — Company Law
Assessment Details: Research Assignment
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Session 3 2018
Due: 14th January 2018
Length: 2,400 words
Submission method: turnitin
The assignment statement is as follows:
Section 140(1) of the Corporations Act 2001 (Cth) enshrines the long-time position that
a company’s constitution forms a statutory contract between, amongst others, the
company and each member and the company and each director.
With reference to the above statement, relevant case law and legislation, answer the
(1) What is the governing document of a company registered under the Corporations Act 2001 (Cth) and what are its purposes? ( 10 marks)
(2) Can a company’s constitution be amended and, if so, what are the requirements? (10 Marks)
(3) In regard to amending a company’s constitution —
(i) Do you think the requirements are sufficient to protect minority shareholders? (ii) Are there limits on the power of the majority shareholders regarding the
variation of member rights?
Total (50 marks)
*NB*: Please ensure you read and understand the material on pages 7 – 10 of the Unit
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You are advised to consider the following information carefully before starting your
The assignment will be marked according to the following criteria:
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 textbooks, journal articles, case commentary, explanatory memoranda, Law
Reform Commission reports). Your research should be used to identify and clearly
state the relevant issues and legal principles and support your analysis.
You are expected to analyse the information gathered and evaluate the relevant legal
principles. You are expected to demonstrate a logical development of your argument
through clear analysis and by applying relevant legal principles to the resolution of
the issue(s). Your analysis should also:
integrate and evaluate relevant knowledge from the material covered in
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:
o correctly reference and acknowledge sources. Please note the reference
system adopted in this assignment can be either the AGLC 3 (Australian
Guide to Legal Citation 3rd ed) or the Harvard referencing system. The
referencing system adopted must be used correctly and consistently;
o use fluent, clear, concise writing that contains clear expression, correct
grammar, syntax, sentence structure and spelling; and
o use headings and subheadings (where appropriate), an introduction, conclusion
and bibliography or reference section.