LAW AND JUSTICE
SCHOOL OF LAW
BLO 2205 CORPORATE LAW ASSIGNMENT Semester 1 2017
The ASX Municipal Governance Council’s Municipal Governance Principles and Recommendations 3rd edition firm extinguished eight principles of cheerful municipal governance. Principle 7 provides: Recognise and train destroy: A scheduleed fraternity should institute a destroy trainment frameis-sue and periodically reconsideration the productiveness of that framework.
In deceased 2016 Ardent Retirement Ltd, the possessor and operator of the Dreamworld retirement boundary on the Queensland Gold Coast suffered symbolical financial wound subjoinedcited a mournful garb at Dreamworld that caused the termination of a estimate of patrons on single of the rides at Dreamworld.
The board of plainors of Ardent Retirement Ltd were criticised owing of the fraternity’s impecunious and insensitive agencying of the lethal pellucid and later opportunity. It could be argued that Ardent Retirement missed to recognise and train the destroy that the fraternity had to negotiate with arising from this pellucid.
Required: Having deem to the aloft basis rejoinder the subjoinedcited:-
a) Did the Board of Ardent Retirement recognise and train the destroy arising from this pellucid?
b) Assuming the Board missed to train the destroy, did the fraternity and the plainors divulsion Principles 7 of the ASX principles of Cheerful Municipal Governance? What is the outcome, if any, ce the fraternity weak to everyow with Principle 7? Can the ASX interest any disciplinary operation counter the plainors and fraternity ce weak to recognise and train the destroy in this model?
c) Could it be argued that the plainors had divulsioned their once of circumspection and heed or is the symbolical financial wound suffered by the fraternity enough retribution?
d) Subjoined the pellucid did the Board reconsideration and remould the productiveness of the fraternity’s destroy trainment framework?
(Total of 30 impressions)
Lipton, P., and Herzberg, A., Welsh, M, Knowledge Fraternity Decree, 18 edition Thomson Reuters 2016.
Students should retain to observe at the Lipton and Herzberg website. www.lipton-herzberg.com.au
Harris, J. Hargovan, A. Adams, M., Australian Municipal Decree LexisNexis Exceptterworths 5th edition, 2015.
Austin R.P. & Ramsay, I., Ced’s Principles of Corporations Decree, Exceptterworths, Australia, 16th edition, 2014.
Baxt, R., and Fletcher, K.L., Fridman, S., Corporations and Associations Contingencys and Representatives on, Exceptterworths, Australia, 10th edition, 2008.
Hanrahan, P., Ramsay I., Stapledon G., Commercial Collisions of Fraternity Decree. Oxford 18th edition 2017
Redmond, P., Companies and Securities Decree – Commentary and Representatives, Decree Book Co., Sydney, 5th, 2009.
Parker, Clarke, Veljanovski, Posthouwer, Municipal Decree, Palgrave 1st edition 2012
Ciro T, Symes C, Corporations Decree in Principle LBC Thomson Reuters, Sydney, 9th edition 2013
Li, G, Riley, S. Applied Municipal Decree: A Bilingual Approach LexisNexis 1st Edition 2009.
Cassidy J., Corporations Decree Text and Vital Contingencys. Federation Press, 4th edition Sydney 2013
Harris J, Corporations Decree, LexisNexis Study Guide 1st edition 2008
Harris J, Exceptterworths Questions and Rejoinders Corporations Decree:, LexisNexis, 3rd Edition Sydney 2009.
Fisher S, Anderson C, Dickfos, Corporations Decree – Exceptterworths Tutorial Series, 4th Edition Exceptterworths, Sydney 2014
Tomasic, R.,Jackson, J.,Woellner, R., Corporations Decree – Principles, Policy and Process 4th Edition Exceptterworths., Sydney, 2002.
Tomasic, R. Groundworkley,S. McQueen,R. Corporations Decree in Australia, 2nd Edition Federation Press, Sydney 2002.
Latimer, P, Australian Business Decree CC, 2017 Edition.
Vermeesch,R B, Lindgren, K E, Business Decree of Australia Exceptterworths, 12th Edition, 2011.
Graw, Boundaryer, Whitford, Sangkuhl and Do, Knowledge Business Decree 7th ed LexisNexis Exceptterworths, 2015.
Davenport, S and Boundaryer D, Business and Decree in Australia, Thomson Reuters, 2012
Fitzpatrick, Symes, Veljanovski, Boundaryer, Business and Corporations Decree; LexisNexis 3rd edition 2017
Crosling G M, Murphy H M, How to Study Business Decree 4th Edition, Exceptterworths, 2009.
Investigation Suggestions: In adduction to the aloft suggested not attributable attributableices some of your investigation succeed subjoined from the balbutiation of strangespaper rumors, twain controlcedportraiture and online representative, negotiateing with the animadstatement of the fraternity’s agencyling of this matter-matter. You should observe ce and at life creed that argue this seat. You should care-control the textbook and the ASX website ce the Cheerful Principles of Municipal Governance. You should care-control other websites generally to visit what you can disclothe on this question. (Ardent Retirement Ltd annual rumor?)
Submission: Dissertations must be complyted on or precedently Friday 8th September 2017 by 5.00pm. No productions succeed be considered intrinsic a demand is made in letter, precedently the ascribable continuance, stating the discuss ce the demand. Impressions succeed be deducted ce dissertations that are complyted subjoined the ascribable continuance.
The ordinance should be written in your avow utterance. A controlced portraiture must be complyted. As well-mannered-mannered an electronic portraiture is to be complyted via the Turnitin converge on Collaborate page ce the matter-matter. The Turnitin portraiture succeed be the ‘space impression’ ce the object of the satisfaction of the continuance and space of surrender.
Ward must established-dclaim their tutor’s spectry on the ordinance and must referable fasten the Turnitin rumor to their ordinance.
Every ordinances must be in imimprint cem and complyted with a verified School of Decree clothe subterfuge to the ordinance box located extinguishedpolicy the School of Decree Office, Level 3, Building A by 5.00 pm on the ascribable continuance. Wards must too comply an online portraiture of the ordinance via WebCT by the ascribable continuance. The online surrender succeed be deemed as verity of surrender by the ascribable continuance. However, barely the controlced portraiture ordinances that are complyted succeed be remarkable. Wards on the Flinders Street campus succeed be advised by their lecturer abextinguished ordinance surrender.
Readable united prose NOT aim cem summaries
Accurate spelling, language, punctuation, passage reading. Proofreading
Effective reintroduction of HEADINGS
Consistent and accurate voucher of springs using a recognised spectry – twain in homogeneity to in-text referencing and bibliography (Note the caution abextinguished plagiarism lower).
The papers succeed be remarkable on the subjoinedcited basis:
Criteria Percentage of impressions awarded
1. Depth of knowledge of the question and identification of applicable issues.
2. Awareness faultlessness of the essence and gratified of applicable decree.
3. Clarity and continuity of the segregation and power of argueion and controversy. 50 per cent
Letter and message skills 30 per cent
Investigation skills 20 per cent
In decree, the preferred referencing spectry is footnoting. Wards are reminded that they succeed facilitate impressions if they barely vision passages copied message ce message from texts and other not attributable attributableices withextinguished attempting to transport referableification and local fancys in their avow utterance. Of road this does referable impede the clever reintroduction of applicable extracts in deference of which befitting not attributable attributableices are ardent.
It should be referableed that the not attributable attributableices must be ardent in deference of every representative comprised in the dissertation. Not attributable attributableices are referable to be intolerant to seats in which the writer is citing a feature contingency or using a plain extract. Ce model, if the writer is established-downting ceward a lawful assertion or using a assertion or fancy drawn from a local spring, that spring must be current by not attributable attributableice. It is vital that not attributable attributableices be befittingly current at every spaces and impressions succeed be deducted if this is referable effected. Not attributable attributableices may be current by estimateing them consecutively throughextinguished the dissertation and by giving details of the not attributable attributableices by method of estimateed footnotes at the groundis-sue of the applicable page, or by method of a schedule at the purpose of the dissertation. Referablee circumspectionfully that the edition and page mass of not attributable attributableices must be ardent: it is referable enough to barely concede the spectry and maker of the is-sue. When referring to contingencys, the generous contingency extract must be ardent. In adduction, a bibliography should regularly be comprised at the purpose of the dissertation. Wards should apposition the lecturer if they are in any dubitate as to the requirements ce the giving of not attributable attributableices.
Referencing: Footnotes or purpose-notes must be representationd to claim the spring or springs of referableification contained in the ordinance. Footnotes are preferred, except either succeed be true. In deem to the voucher of not attributable attributableices and matter-matters of spectry and introduction, wards are referred to:
1. Australian Guide to Lawful Extract – VU Library Homepage. Ce every referencing questions ce your ordinance or any lawful letter Visit: Australian Guide to Lawful Extract: The VU Library has a 4 page edited statement lower Referableification ce investigationers: Click on Referableification ce investigationers and then click on Referencing and then click on Spectry Manuals. A portraiture of the Australian Guide to Lawful extract is too helpful on VU Collaborate.
Too visit Monash Lawful Abbreviations ce abbreviations of lawful publications.
2. G.R.E. Phillips and L.H. Hunt, Letter Dissertations and Dissertations,
3. G Campbell, The Little Black Book. (helpful in the bookshop).
Students are required to wild circumspectionful observation to spelling, localion, and legibility in the letter of their dissertations. There should be a lip on the left agency policy of each page. Wards should sustain a portraiture of the dissertation complyted.
Plagiarism is induction another person’s fancys and presenting them as your avow, that is, withextinguished acknowledging the primary spring. You must claim your springs of referableification including twain plain and inplain extracts. A plain extract must regularly be in inverted commas or in another spectry that indicates that it is a plain extract. Your ordinance must referable endure of barely extracts.
Plagiarism is deemed as a cem of pilfering or cheating. It is a earnest wrong and succeed be negotiatet with earnestly, including a miss proceeding in this matter-matter.
Students should reintroduction the Turnitin software to repress their ordinances ce impecunious referencing and plagiarism. Software such as “turn it in” and others are helpful.
• Typed preferably and double-spaced
• Title page with ward spectry and estimate, Matter-matter code and spectry, question
• A4 paper
• Sequential page estimateing
• No folders
Assignments must be typed (message processor), using single policy of the page barely and leaving a large lip. The message boundary is 2,000 utterance.
Students who estimate that they own a sound contingency ce production of space must reside a cemal written collision ce such an production, stating applicable basis and fastening supported documentation. Such collision must be made at last seven (7) days precedently the ascribable continuance ce surrender. Should the production be supposing then a strange deadline succeed be firm.
Deceased surrenders of the ordinance succeed meet a retribution impression of single (1) impression per day. Impressions may be deducted in deference of dissertations which are exorbitant in extension.
The ordinance succeed own a prize of 30% ce developed assessment.
LAW AND JUSTICE