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LA3106 - Company and Partnership Law

Credit points: 03
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.
Contact hours:
  • 26 hours lectures
  • 12 hours tutorials
    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.
    Contact hours:
    • 36 hours - Combined Lectures, Tutorials/Workshops; Lecturer directed activities.
      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.
      Contact hours:
      • 26 hours lectures
      • 12 hours tutorials
        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.
        Contact hours:
        • 36 hours - Combined Lectures, Tutorials/Workshops; Lecturer directed activities.
          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.