Slide 1 Research Assignment LAW00004 Company Law session 2 2015 Slide 2 Research Assignment Weighting: 50% Due Date: 18th August 2015 Submission method: turnitin Length: 2400 words The headings, footnotes, bibliography & coversheet do not form part of the word count. Slide 3 Research Assignment Go to blackboard – Research Assignment Details Slide 4 Marking Criteria The assignment will be marked according to the following criteria: • Research (40%) • Analysis (50%) • Technical aspects (10%) Go to the assessment details on blackboard. Slide 5 Research Assignment Assignment Structure • Introduction • body and • conclusion. Slide 6 Research Assignment • The focus is on the terms ‘good faith’ and ‘proper purpose’ as they are used together in the Corporations Act 2001 (Cth). • In particular — the use of ‘good faith’ and ‘proper purpose’ as used in the composite term “good faith for a proper purpose”. • Give 3 examples to demonstrate the term as a corporate governance mechanism Slide 7 Research Assignment Consider using subheadings to identify to the reader (and importantly the marker) what you are discussing. For example • Introduction • ‘Good faith for a proper purpose’. • Three examples as corporate governance mechanisms • Conclusion Slide 8 Research Assignment • As the name ‘research Assignment’ suggests your discussion and analysis should be supported by a depth of research. • Important: note the marking criteria. • To avoid plagiarism you will need to cite the source of the information. • You are expected to cite the research, including cases that discuss the term Slide 9 **Read the Assignment Topic carefully. • Note the specific requirements: in particular the words ‘With reference to the above statement, case law and the Corporations legislation’ • Do not forget about the assignment statement. • Focus on Australian law (but English law could also be relevant). Slide 10 Research • The main focus of you discussion should be on explaining the term ‘good faith for a proper purpose" • Your research should include cases and commentary. • Case law assists to demonstrate the legal principles. • The commentary should include text books and journal articles. • Avoid writing out large extracts from the legislation. • Avoid writing out large extracts from the cases. • Use cases & material to support your own discussion Slide 11 'Research Assignment’ – Case Law • Aim at discussing ‘case law’ under each of the examples used. • Case law will assist to demonstrate your understanding and explanation of the terms ‘good faith” & “proper purpose“ and its role as a corporate governance mechanism. • The term ‘case law’ includes general law cases and cases that interpret the relevant statutory provisions. Slide 12 'Research Assignment’ – case law • You are not expected to .

1. Slide
1 Research Assignment
LAW00004 Company Law
session 2 2015
Slide
2
Research Assignment
Weighting: 50%
Due Date: 18th August 2015
Submission method: turnitin
Length: 2400 words
The headings, footnotes, bibliography
& coversheet do not form part of the word count.

2. Slide
3 Research Assignment
Go to blackboard –
Research Assignment Details
Slide
4 Marking Criteria
The assignment will be marked according to the
following criteria:
• Research (40%)
• Analysis (50%)

3. • Technical aspects (10%)
Go to the assessment details on blackboard.
Slide
5 Research Assignment
Assignment Structure
• Introduction
• body and
• conclusion.
Slide
6 Research Assignment
• The focus is on the terms ‘good faith’ and ‘proper
purpose’ as they are used together in the
Corporations Act 2001 (Cth).
• In particular — the use of ‘good faith’ and ‘proper
purpose’ as used in the composite term “good
faith for a proper purpose”.

4. • Give 3 examples to demonstrate the term as a
corporate governance mechanism
Slide
7 Research Assignment
Consider using subheadings to identify to the
reader (and importantly the marker) what you
are discussing. For example
• Introduction
• ‘Good faith for a proper purpose’.
• Three examples as corporate governance
mechanisms
• Conclusion
Slide
8 Research Assignment
• As the name ‘research Assignment’ suggests

5. your discussion and analysis should be
supported by a depth of research.
• Important: note the marking criteria.
• To avoid plagiarism you will need to cite the
source of the information.
• You are expected to cite the research, including
cases that discuss the term
Slide
9 **Read the Assignment Topic carefully.
• Note the specific requirements: in particular the
words ‘With reference to the above statement,
case law and the Corporations legislation’
• Do not forget about the assignment statement.
• Focus on Australian law (but English law could
also be relevant).

6. Slide
10
Research
• The main focus of you discussion should be on
explaining the term ‘good faith for a proper purpose"
• Your research should include cases and
commentary.
• Case law assists to demonstrate the legal
principles.
• The commentary should include text books and
journal articles.
• Avoid writing out large extracts from the legislation.
• Avoid writing out large extracts from the cases.
• Use cases & material to support your own
discussion
Slide
11 'Research Assignment’ –
Case Law

7. • Aim at discussing ‘case law’ under each of the
examples used.
• Case law will assist to demonstrate your
understanding and explanation of the terms
‘good faith” & “proper purpose“ and its role as a
corporate governance mechanism.
• The term ‘case law’ includes general law cases
and cases that interpret the relevant statutory
provisions.
Slide
12 'Research Assignment’ – case law
• You are not expected to do in depth case analyses.
• When discussing cases avoid going off tangents. Stay
connected with the assignment topic.
• For the purpose of the assignment the main thing you
should get from the cases is the legal principles (what
the law is).

8. Slide
13
Assignment & case law
• For example in Swansson v Pratt Properties [2002]
NSWSC 583 (Justice Palmer) discusses the
requirement of good faith.
• It is helpful to provide a brief description (one line)
what the case was about and proceed to discuss the
legal principles noted in the case.
Slide
14
Referencing
• If you are using Harvard use a bibliography (all
sources consulted).
• If you use footnotes (AGLC3) use a reference list (only

9. sources cited).
Slide
15 How do I reference the
Corporations Act?
• Corporations Act 2001 (Cth) (hereinafter
called Corp.Act)
• s 124 Corporations Act 2001 (Cth)
• ss 124 and 125 Corporations Act 2001
(Cth)
• NB* See the document located in
blackboard/Other Resources/Example
referencing.
Slide
16 Pinpoint Referencing - Cases
• 'Garkawe v Smith [1997] HCA 52' is fine

10. for the reference list.
• However when you reference it in your
discussion you should identify the
judgment and paragraph number. This is
essential for direct quotes.
• For example Garkawe v Smith [1997]
HCA 52 [92] (Kirby J).
Slide
17 How to reference for partnership
material in MyReadings (VL)?
•The reference is Lindgren, K E,
‘Vermeesch and Lindgren's
Business Law of Australia - 12th ed,
LexisNexis 2011.
•Pinpoint – add page number.
Slide

11. 18 Is it ok to reference wikipedia?
• It is preferred if you research from an
authoritative source.
• If you are using content from Wikipedia you
will have to reference it otherwise you may
find yourself facing questions regarding
academic misconduct (plagiarism).
• Students who use Wikipedia as their main
source of information may find it difficult to
satisfy the research requirements of the
assessment task.
Slide
19 Corporations Act 2001 (Cth)
• GO TO www.austlii.edu.au:
• Cth Legislation:
• Consolidated Acts:

12. • ‘C’: Corporations Act 2001 (Cth)
via Table of provisions, familiarise self with
the contents.
Slide
20 Locating cases via austlii
• Try the 'noteup' tool in austlii.
• For example ‘Go to’ the Corporations Act 2001
(Cth) in www.austlii.edu.au
• open a relevant sections.
• check on the 'note-up' tab
• view the cases.
Slide
21 Relevant Jurisdiction?
• Ensure your research applies to Australian
law. Some laws will be different in different
jurisdictions (eg. fiduciary law in the USA is not

13. the same as Australia. There are similarities
and there are also differences.
• UK law is fine but avoid citing the US position
unless you are able to do a comparative
analysis or are confident that what is said will
apply to Australia.
Submission method: turnitin
Topic*
The assignment statement is as follows:
“Directors in whom are vested the right and the duty of deciding
where the company’s interests lie and how they are to be served
may be concerned with a wide range of practical considerations,
and their judgment, if exercised in good faith and not for
irrelevant purposes, is not open to review in the courts.”[1]
Required
With reference to the above statement, case law and the
Corporations legislation discuss the following:

14. What does the term ‘good faith for a proper purpose" mean as
it is used in the Corporations Act 2001 (Cth)?
In your answer give three examples from the provisions of the
Corporations Act 2001 (Cth) and discuss how these provisions
demonstrate the role of the term ‘good faith for a proper
purpose” as a corporate governance mechanism.
Total (50 marks)* Please ensure you read and understand the
material on pages 7 – 10 of the Unit Information Guide
regarding the Assessment.
Marking criteria
Important information:
You are advised to consider the following information carefully
before starting your assignment.
The assignment will be marked according to the following
criteria.
Research (40%)
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.
Analysis (50%)
You are expected to analyse the information gathered and
evaluate the relevant legal principles. You are expected to
develop your argument logically through clear analysis and
apply relevant legal principles to the resolution of issue(s).
Your analysis should also:
integrate and evaluate relevant knowledge from the material
covered in this unit
develop and sustain a concise and convincing legal argument

15. through to a logical conclusion, and
importantly, answer the specific question asked.
Technical aspects (10%)
You are expected to:
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;
use fluent, clear, concise writing that contains clear
expression, correct grammar, syntax, sentence structure and
spelling; and
use headings and subheadings (where appropriate), an
introduction, conclusion and bibliography or reference section.
[1] Harlowe’s Nominees Pty Ltd v Woodside (Lakes Entrance)
Oil Co NL [1968] HCA 37 [6]
(Barwick CJ, McTiernan and Kitto JJ) (The Court)