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LA3106 - Company and Partnership Law

Credit points: 3
Year: 2019
Student Contribution Band: Band 3
Administered by: College of Business, Law & Governance

This subject provides students with the knowledge of partnership and corporations law that is required for admission to practice as a legal practioner in Australia. Coverage includes the nature and existence of partnerships; partners' duties; partnership property; relations with outsiders; assignment, retirement, expulsion and dissolution; and limited partnerships. It also provides detailed treatment of the types and formation of corporations; the concept of separate legal entity; share capital and membership; lifting of the corporate veil; basic principles of debt and equity finance (securing debt and raising capital); replaceable rules, corporate constitution and the statutory contract; altering the corporate constitution; powers of the board and the general meeting; meetings and statutory validation; directors' duties; capital maintenance and insolvent trading; members' remedies; corporate authority and the indoor management rule; voluntary administration, receivership and liquidations.

Learning Outcomes

  • describe the formation and operation of partnerships and companies (including limited partnerships);
  • describe the rights, duties and liabilities of partners and those who deal with them;
  • describe corporate membership, the process for raising capital, capital maintenance, insolvent trading, voluntary administration, receivership and liquidation;
  • describe the relationship between the general meeting, the board and corporate management (including director's duties and member's remedies);
  • describe the significance of separate legal entity, authority, the indoor mangement rule and situations in which the corporate veil may be lifted.
Prerequisites: (LA1105 or LA2011) and (LA1106 or LA2012)
Inadmissible
Subject
Combinations:
BU2112 BX2112 LA3002 LA3015 LA3016

Availabilities

Townsville, Internal, Study Period 1
Census Date 28-Mar-2019
Coordinator: Assoc. Professor Justin Dabner
Lecturers: Professor Stephen Graw, Assoc. Professor Louise Floyd, Assoc. Professor Thomas Middleton.
Workload expectations:

The student workload for this 3 credit point subject is approximately 130 hours.

  • 26 hours lectures
  • 12 hours tutorials
  • assessment and self-directed study
Assessment: end of semester exam (60%); (% - 40%); on-course assessment will be worth 40% of final marks and may consist of any or a combination of the following: assignment; class test; tutorial participation (% - 40%).

Townsville, Block, Study Period 7
Census Date 11-Jul-2019
Face to face teaching (9am-1pm: Monday-Friday (8-12 July) & 9am-1pm: Monday-Thursday (15-18 July). Townsville students to participate via video-conferencing only.)
Lecturer: Assoc. Professor Justin Dabner.
Workload expectations:

The student workload for this 3 credit point subject is approximately 130 hours.

  • 36 hours - Combined Lectures, Tutorials/Workshops; Lecturer directed activities.
  • assessment and self-directed study
Assessment: end of semester exam (60%); (% - 40%); on-course assessment will be worth 40% of final marks and may consist of any or a combination of the following: assignment; class test; tutorial participation (% - 40%).

Cairns, Internal, Study Period 1
Census Date 28-Mar-2019
Coordinator: Assoc. Professor Justin Dabner
Lecturers: Assoc. Professor Justin Dabner, Professor Stephen Graw, Assoc. Professor Thomas Middleton.
Workload expectations:

The student workload for this 3 credit point subject is approximately 130 hours.

  • 26 hours lectures
  • 12 hours tutorials
  • assessment and self-directed study
Assessment: end of semester exam (60%); (% - 40%); on-course assessment will be worth 40% of final marks and may consist of any or a combination of the following: assignment; class test; tutorial participation (% - 40%).

Cairns, Block, Study Period 7
Census Date 11-Jul-2019
Face to face teaching (9am-1pm: Monday-Friday (8-12 July) & 9am-1pm: Monday-Thursday (15-18 July))
Lecturer: Assoc. Professor Justin Dabner.
Workload expectations:

The student workload for this 3 credit point subject is approximately 130 hours.

  • 36 hours - Combined Lectures, Tutorials/Workshops; Lecturer directed activities.
  • assessment and self-directed study
Assessment: end of semester exam (60%); (% - 40%); on-course assessment will be worth 40% of final marks and may consist of any or a combination of the following: assignment; class test; tutorial participation (% - 40%).

Note: Minor variations might occur due to the continuous Subject quality improvement process, and in case of minor variation(s) in assessment details, the Subject Outline represents the latest official information.