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BUS200 LAW OF BUSINESS ORGANISATIONS T215

Section 1
1.1

General Information

Administrative details
Associated HE Award(s)

Duration

Level

Subject Coordinator

B Bus (Accg); B Bus (Mgt &

Finance)

1 trimester

Level 2

Michael Whitehead
Email:
michael.whitehead@koi.edu.au

1.2

Core / elective

1.3

Subject weighting

This is a core subject for B Bus (Accg) and

an elective subject for B Bus (Mgt & Finance)

Indicated below is the weighting of this subject and the total course points.
Subject Credit Points

Total Course Credit Points

1.4

B Bus (Accg) 96;

B Bus (Mgt & Finance) 96;

Student workload
Indicated below is the expected student workload per week for this subject.
No. timetabled hours/week*

No. personal study

hours/week**

Total workload
hours/week***

4 hours/week
2 hour Lecture + 2 hour Tutorial

6 hours/week

10 hours/week

*
**
***

Total time spent per week at lectures and tutorials

Total time students are expected to spend per week in studying, completing assignments, etc.
That is, * + ** = workload hours.

1.5

Mode of Delivery

This subject is delivered face-to-face.

1.6

Pre-requisites

BUS101 Intro to Business Law

1.7

Other study and resource requirements

Students are expected to attend classes with the required textbook and to read specific chapters
prior to the tutorials. This will allow them to actively take part in discussions.
Students will require access to the internet and email and should have elementary skills in both word
processing and electronic spread sheet software such as MS Word and MS Excel.
Computers are available for student use in the Library. However these are in heavy demand and
tutorial classes will have priority use. You should therefore plan well in advance to utilise these
resources. If you have your own computer, it should have internet access and relevant software
installed. Students are encouraged to make use of the campus Library for reference materials.
Resource requirements specific to this subject:
There are no specific resources required for this subject.

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Section 2 Academic Details

2.1

Overview of the subject

This subject deals with the legal significance, in both statute and common law, of agency, partnership,
trusts and corporations, explores other types of business organisations and identifies their relevance in
present day business.

2.2

Graduate Attributes for Undergraduate Courses

Graduates of the Bachelor of Business (Accounting), and the Bachelor of Business (Management
and Finance) courses from Kings Own Institute have demonstrated they have gained the graduate
attributes expected from successful completion of a Bachelors degree under the Australian Qualifications
nd
Framework (2 edition, January 2013). Graduates at this level will be able to apply an advanced body on
knowledge in a range of contexts for professional practice or scholarship and as a pathway for further
learning.
Kings Own Institutes key generic graduate attributes for a Bachelors level degree are summarised below:
KOI Bachelor Degree
Graduate Attributes
Knowledge

Independent Thinking

Communication

Information Literacy

Problem Solving Skills

Ethical and Cultural
Sensitivity
Teamwork

Professional Skills

Detailed Description
Coherent and extensive knowledge of the major field of
study, appropriate ethical standards and, where
appropriate, defined professional skills
Think and work independently and sustainably, in a way
that is informed by openness, curiosity and a desire to meet
new challenges
Effective communication skills in all domains (reading,
writing, speaking and listening) leading to the ability to
clearly communicate in a professional manner
Find, acquire, evaluate, manage and use relevant
information in a range of media relevant to the profession of
the major field of study and in a business context
Effective problem solver, capable of applying logical,
critical, and creative thinking to a range of problems as
might arise in a modern organisation
Respect, understand and apply ethical practices, cultural
sensitivity and social responsibility, personally and
professionally as is expected in today's business world
Work collaboratively to achieve team objectives across the
range of team roles leading to the ability to work in a
modern organisation
Application of knowledge and skills in the area of the major
field of study in a professional manner, demonstrating
initiative, judgement and accountability in diverse contexts

Across the course, these skills are developed across 3 levels:

Level 1 Foundation Students learn the basic skills, theories and techniques of the subject and
apply them in basic, standalone contexts
Level 2 Intermediate Students further develop skills, theories and techniques of the subject and
apply them in more complex contexts, beginning to integrate the application with other subjects.
Level 3 Advanced Students have a demonstrated ability to plan, research and apply the skills,
theories and techniques of the subject in complex situations, integrating the subject content with a
range of other subject disciplines within the context of the course.

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2.2.1 BUS200 Law of Business Organisations subject learning outcomes

This is a Level 2 subject.
Listed below, are key knowledge and skills students are expected to attain by successfully completing this
subject:
Contribution to Course Graduate
Attributes

Subject Learning Outcomes

a) Identify and evaluate the principles of company law as they
apply to various business structures and organisations
b) Describe business structures and the associated legal
implications
c) Compare and contrast the fiduciary and statutory responsibilities
of persons involved in various business organisations towards
one another and third parties
d) Apply basic concepts and principles of company law to
commercial situations. Analyse and synthesise information in
accordance with those concepts and principles and select
appropriate courses of action
e) Evaluate and describe current corporate law in public policy

2.3

Subject/ unit content and structure

Shown in the table below are details of the subject content and how it is structured, including specific topics
covered in lectures and tutorials:
2.3.1 Weekly Planner
Week
(beginning)

Topic covered in each weeks lecture

1
13 Jul
2
20 Jul
3
27 Jul
4
3 Aug
5
10 Aug
6
17 Aug
24 Aug
7
31 Aug
8
7 Sep
9
14 Sep

About Companies
Company Law
The Legal Nature of Companies
Companies & Business Planning
Constituting Companies
Managing Companies
Member Decision Making
Members Meetings
Restrictions on Member Decision Making
Company Directors & Other Officers
Directors Duties 1 & 2
Mid-trimester test
Mid trimester break

10
21 Sep

Directors Duties 3 & 4

Consequences of Breach of Duty
Members Remedies
Reporting and Disclosure
Financing Companies
Transacting by Companies

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Reading(s)

Expected work

Chs 1 & 2

Tutorial exercises

Chs 3 & 4

Tutorial exercises

Chs 5 & 6

Tutorial exercises

Chs 7 & 8

Tutorial exercises

Chs 9 & 10

Tutorial exercises

Chs 11 & 12

Tutorial exercises
Mid- trimester test

Chs 13 & 14

Tutorial exercises

Chs 15 & 16

Tutorial exercises

Chs17 & 18

Tutorial exercises

Ch 23

Tutorial exercises
Case Study
Assessment

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11
28 Sep
12
5 Oct
13
12 Oct

External Administration
Winding Up

14
19 Oct

Examination

Chs 24 & 25

Tutorial exercises

Revision
Study review week
Please see Exam
Timetable for exam
date, time and location

2.3.2 Public holiday amendments

KOI is closed on all scheduled NSW Public Holidays.
T215 has one (1) public holiday that occurs during this trimester. Classes scheduled for this Public Holiday
(Calendar Class Date) will be rescheduled as per the table below.
This applies to ALL subjects taught in T215.
Please see the table below and adjust your class timing as required. Please make sure you have
arrangements in place to attend the rescheduled classes if applicable to your T215 enrolment.
Classes will be conducted at the same time and in the same location as your normally scheduled
class except these classes will be held on the date shown below.
Calendar Class Date
Monday 5 October 2015 (week 12)
KENT ST Classes
Monday 5 October 2015 (week 12)
MARKET ST Classes

2.4

Rescheduled Class Date

Monday 12 October 2015 (week 13)
Kent St
Monday 12 October 2015 (week 13)
Market St

Teaching methods/strategies
Briefly described below are the teaching methods/strategies used in this subject:
Face-to-face lectures (2 hours/week) are conducted in seminar style and address the subject
content, provide motivation and context and draw on the students experience and preparatory
reading.
Tutorials (2 hours/week) include class discussion of case studies and research papers, practice sets
and problem-solving and syndicate work on group projects. Tutorial participation is an essential
component of the subject and contributes to the development of graduate attributes (see section 2.1
and 2.1.1 above). It is intended that specific tutorial material such as case studies, recommended
readings, review questions etc. will be made available each week in Moodle.
Online teaching resources include class materials, readings, model answers to assignments and
exercises and discussion boards. All online materials for this subject as provided by KOI will be found
in the Moodle page for this subject. Students should access Moodle regularly as material may be
updated at any time during the trimester
Other contact - academic staff may also contact students either via Moodle messaging, or via email
to the email address provided to KOI on enrolment.

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Student assessment:
Provided below, in table format, is a schedule of formal assessment tasks and major
examinations for the subject/unit.
Assessment Type

When assessed

Mid-trimester test - individual assessment

open book

Week 6

Project legal process essay 2000 +

word response

Week 10

Final Exam (2 hours)

Final Exam
Period

Weighting

20%

30%

Learning
Outcomes
Assessed
a, d

b, d, e

a, b, c, d, e
50%

2.5.1 Requirements to Pass the Subject

To gain a pass or better in this subject,
students must gain a minimum of 50% of the total available subject marks.

2.6

Prescribed and recommended readings:

Provided below, in formal reference format, is a list of the prescribed and recommended readings
Prescribed Text:
Hanrahan, Ramsay and Stapledon, 2015. Commercial Applications of Company Law CCH publishers,
16th Edition.
Recommended Readings:
Please note: as legislation is continually updated, students should seek the most recent edition
of texts.
Ford, H. A. J., Austin, R. P., and Ramsay, I. M., 2012. Fords Principles of Corporations Law Australia:
LexisNexis.
Barnes, L. R., 2013. The Albatross Around the Neck of Company Directors: A Journey Through Case
Law, Legislation and Corporate Governance. Journal of Law and Financial Management, 12(1), pp. 2-9.
th

Ciro, T., and Symes, C., 2012. Corporations Law in Principle, 9 ed. Australia: Thomson Reuters.
Austlii.edu.au., 2001. Commonwealth Consolidated Acts: Corporations Act 2001. [online] Available at:
<http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/>
th

Harris, J., Hargovan, A., and Adams, M., 2013. Australian Corporate Law. 4 ed. Australia: LexisNexis
Butterworths.
Law Society of NSW., 2007. A Practitioners Guide to Corporate Law. [online] Available at:
<http://www.lawsociety.com.au/cs/groups/public/documents/internetyounglawyers/026374.pdf>
th
Lipton, P., Herzberg, A., and Welsh, M., 2013. Understanding Company Law. 17 ed. Australia:
Thomson Reuters.
Quilter M., 2014. Company Law Perspectives. 2

nd

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Swan, P., 2014. The ASX Governance Council and independent boards. Law and Financial Markets
Review, 8(3), pp. 196-198.
Periodicals
Alternative Law Journal
Australian Journal of Corporate Law (AJCL)
Australian Business Law Review
Company and Securities Law Journal
Useful Websites
The following websites are useful sources covering a range of information useful for this subject..
However, most are not considered to be sources of Academic Peer Reviewed theory and research. If
your assessments require academic peer reviewed journal articles as sources, you need to access
such sources using the Library database, Ebscohost, or Google Scholar. Please ask in the Library if you
are unsure how to access Ebscohost. Instructions can also be found in Moodle.
Australian Securities & Investments Commission (ASIC) www.asic.gov.au
Understanding Company Law http://www.uclaw.com.au/home/

Section 3 - Assessment Details

3.1

Details of each assessment item

The assessments for this subject are described below. Other assessment information and/or assistance
can be found in Moodle.
Marking guides for Assessments follow the assessment descriptions. Students should compare their
assessment final drafts against the marking guide before submission.
Assessment submission is as per the instructions below.
Open Book Policy applies to all assessments in this subject. Students are expected to refer to legislation,
case law, determinations and guidelines. They are not encouraged to rely on their memory alone. Therefore
students are allowed to bring their books, reading materials and notes into exams.
Assessment 1
Assessment type:

Mid-trimester test individual assessment open book exam

Purpose:

This assessment is designed to allow students to demonstrate an understanding of

the laws covered in the subject, and the implications of these laws for business
situations and structures, so as to identify issues and develop solutions. This
contributes to Learning outcomes a and d.

Value:

20%

Due Date:

Week 6 in class

Topic:

Legal implications for business structures the specific assessment details will be
available in class and via Moodle in Week 2.

Task Details:

Students will be expected to answer a series of short answer questions and/or a

combination of multi-choice questions.

Assessment 2
Assessment type:

This assignment will be in two parts. Part A: Project Register (15 marks). Part B:
Theory (3 theory questions (15 marks))

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Purpose:

To allow students to demonstrate their ability to research and apply basic concepts
and principles of company law, and to analyse and synthesise information in
accordance with those concepts and principles. This assessment relates to
Learning Outcomes b, d and e.

Value:

30%

Due Date:

Week 10 5.00 pm Thursday 24 September 2015

Submission:

Electronic submission Word/ PDF to be uploaded on KOIs Moodle subject

homepage. Hard copy to be submitted in the first tutorial of Week 10.

Topic:

Company Directors and responsibilities the specific case will be available in

class by Week 6

Task Details:

Take home assignment consists of number of problem scenarios where students

are required to find the law and analyse the legal implications.
The analysis and recommendations are to be presented in a professionally
presented report of 2000 + words.

th

Research requirements - students need to support their analysis from the text and the Corporations Act.

Presentation:

2000 + 10% word report format Word .doc or .docx

Title page, executive summary, table of contents, appropriate headings and subheadings, recommendations, reference list (Harvard Anglia style)

Marking Guides:

Analyse of Corporations Act

Research extent and application
Recommendations/ conclusions
Presentation

30%
30%
20%
20%

Total mark will be scaled to a mark out of 30

Assessment 3
Assessment type:

Final Exam individual assessment open book exam

Purpose:

The purpose of the final examination is to test your understanding of course

concepts and your ability to apply these concepts. The examination may cover
materials used in tutorials, class discussions and/or from the readings. This
assessment contributes specifically to Learning Outcomes a, b, c, d and e

Value:

50%

Due Date:

The final exam will be held in the official KOI exam period in Week 14 of the
trimester.
The specific date and time will be posted towards the end of the trimester.

Topic:

The examination may cover content from any part of the entire subject.

Task Details:

The exam may consist of short answer and problem-based questions, where
students will be required to apply business law to a range of given situations,
explaining the implications and proposing recommendations/appropriate courses
of action.
Further details will be provided closer to the exam date

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3.2

Late Penalties & Extensions

An important part of business life is the ability to meet deadlines. With this in mind, any assessment items
handed in after the due date/time will attract a late penalty as follows:
o In class tests
o No extensions permitted or granted a supplementary test only may be permitted under very
special circumstances where acceptable supporting evidence is provided. The procedure and
timing to apply for a supplementary test (if available) are as per Section 3.2.1 Applying for an
Extension (below).
o Missing a class test will result in 0 marks for that assessment element unless the above applies.
o Written assessments
o - 5% of the total available marks per calendar day unless an extension is approved (see Section
3.2.1 below)
o Presentations
o No extensions permitted or granted no presentation = 0 marks. Make-up presentation only as per
missing in-class tests as described above.
o Final Exam
o If students are unable to attend the final exam due to illness or some other event (acceptable to
KOI), they must:
1. Advise KOI administration by phone and in writing (email: extensions@koi.edu.au) as soon as
possible, but no later than three (3) working days after the exam date, that they will be /
were absent and the reasons. They will be advised in writing (email) as to whether the
circumstances are acceptable.
2. Complete a Request for Deferred Exam Form (available from the Reception Desk and on the
KOI Website (Forms), as soon as possible and submit to Reception this may be sent as an
email attachment to extensions@koi.edu.au if the student is unable to attend KOI in person.
3. Provide acceptable documentary evidence in the form of a medical certificate, police report or
some other form that will be accepted by KOI
4. Agree to attend a deferred exam as set by KOI please note that there will only be one
deferred exam failure to attend this may mean students are unable to complete (pass) the
subject and will need to re-do the entire subject.

3.2.1

Applying for an extension:

If students are unable to submit or attend an assessment when due, and extensions are possible, they
must apply by completing a Request for Extension form (available from the KOI Reception Desk and in
Moodle (Student Information Centre), as soon as possible but no later than three (3) working days of the
assessment due date.
The completed form needs to be submitted with supporting documentation to Reception, or may be
emailed to extensions@koi.edu.au
Students and lecturers / tutors will be advised of the outcome of the extension request as soon as
practicable.
Appropriate documentary evidence to support the request for an extension must be supplied. Please
remember there is no guarantee of an extension being granted, and poor organisation is not a satisfactory
reason to be granted an extension.

3.3

Plagiarism and Referencing

Please remember that all sources used in assessment tasks MUST be suitably referenced.
Failure to acknowledge sources is plagiarism, and as such is a very serious academic issue. Students
plagiarising run the risk of severe penalties ranging from a reduction through to 0 marks for a first offence
for a single assessment task, to exclusion from KOI in the most serious repeat cases. Exclusion has
serious visa implications. An effective way to avoid plagiarising is to reference all sources.
Harvard referencing is the required method in-text referencing using Authors Surname (family name)
and year of publication. While there are many versions of Harvard referencing, KOI prefers the Anglia
version of Harvard referencing.

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A Referencing Guide Harvard Referencing, and a Referencing Tutorial can be found in the right hand
menu strip in Moodle on all subject pages.
An easy way to reference correctly is to use Microsoft Office 2010 Words referencing function (please note
that other versions and programs are likely to be different). To use the referencing function, c lick on the
References Tab in the menu ribbon students should choose Harvard Anglia 2008 as the style. A guide
to this method can be found in Moodle.
Authorship is also an issue under Plagiarism KOI expects students to submit their own original work in
both assessment and exams. All students agree to a statement of authorship when submitting
assessments online via Moodle, stating that the work submitted is their own original work. Authorship
becomes as issue under the following circumstances:

Handing in work created by someone else, whether copied from another student, written by
someone else, or from any published or electronic source, is fraud, and falls under the general
Plagiarism guidelines.
Copying / cheating in tests and exams also fall under these guidelines. Such incidents will be
treated just as seriously as other forms of plagiarism.
Students who willingly allow another student to copy their work in any assessment situation may be
considered to conclude to the copying/cheating, and similar penalties may be applied.

Further information can be found on the KOI website.

3.4

Reasonable Adjustment

The Commonwealth Disability Discrimination Act (1992) makes it unlawful to treat people with a disability
less fairly than people without a disability. In the context of this unit, the principle of Reasonable
Adjustment is applied to ensure that participants with a disability have equitable access to all aspects of the
learning situation. For assessment, this means that artificial barriers to their demonstrating competence
are removed.
Examples of reasonable adjustment in assessment may include:
provision of an oral assessment, rather than a written assessment
provision of extra time
use of adaptive technology.
The focus of the adjusted assessment should be on enabling the participants to demonstrate that they
have achieved the unit purpose, rather than on the method used.

3.5

Appeals Process

3.5.1

Assessments

Where students are not satisfied with the results of an assessment, they have the right to appeal. The
process is as follows:
1. Discuss the assessment with their tutor or lecturer students should identify where they feel more
marks should have been awarded should be valid reasons based on the marking guide provided
for the assessment. Reasons such as I worked really hard are not considered valid.
2. If still not satisfied, students should complete a Request for Review of Assessment form, detailing
the reason for review. This form can be found on the KOI website and is also available at KOI
Reception.
3. Request for Review of Assessment forms must be submitted to KOI Reception before the end of the
trimester, or within five (5) working days after the return of the assessment if the assessment is
returned after the end of the trimester.
3.5.2

Review of Grade

Where students are not satisfied with the results of the whole subject, they have the right to request a
Review of Grade. Full details of the KOI Assessment Appeals Policy may be obtained in hard copy from
the Library, and on the KOI website www.koi.edu.au under KOI students - Academic Appeals Policy.

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