Business and Corporations Law

92 views 8:33 am 0 Comments August 3, 2023

Law 301-Assessment 2-Group Case Study_Task

ASSESSMENT TASK
Subject Code and Name LAW301 Business and Corporations Law
Assessment Assessment 2-Group Case Study
Individual/Group Group
Length 1500 words +/- 10%
Learning Outcomes This assessment addresses the following subject learning
outcomes:
a) Identify the key features of the Australian legal system
and demonstrate an understanding of the law that
governs the business environment in relation to agency,
property, contract, torts, business structures and
consumers.
b) Demonstrate a broad and practical understanding of the
major aspects of corporations’ law, including the role and
obligations of directors and officers and further explain
how companies are formed, governed and dissolved.
c) Interpret legal problems which arise out of the formation
and use of business structures, research relevant legal
sources, propose suitable outcomes and identify possible
challenges to any proposed outcomes.
d) Apply knowledge based analytical and deductive
reasoning skills to develop insights into various business
situations and find appropriate legal solutions
.
Due Date By 11:55pm AEST/AEDT Sunday of Week 9 (Module 5.1)
Weighting 35%
Total Marks 100 marks

Law 301-Assessment 2-Group Case Study_Task
Instructions:
Students are to be divided into groups of 3, depending on the size of the class. Each group will be
assigned one of three cases/case studies in the list referred to in the task below, to make a written
analysis. In the alternative, each group may, in consultation and agreement with the Learning
Facilitator, select a specific leading case from a topical area in modules 1-4 for purposes of written
analysis.
Each student in the group is to select one of the following roles in the case study, depending on
the size of the group:
1. Plaintiff/Appellant
2. Defendant/Respondent
3. Court
Where the group comprises less than three members, each student will select one of the first two
roles and then jointly address the third role.
You will be required to read the summary of your assigned case and then analyse it in the context
and perspective of the role selected by:
Identifying the legal issue(s) relevant to the selected role, arising from the given
scenario or case study
Identifying the appropriate legal rules that are relevant in that context
Applying the law to the facts in the selected context
Reaching a reasoned conclusion that is relevant in the selected context.
The completed task will comprise an analysis of the plaintiff’s case, an analysis of the defendant’s
case and an analysis of the decision of the court in a report that should not exceed 1500 (+/-10%)
words. The task will assume your knowledge of the content covered in module 1.1 to 4.2 and
particularly that which may be relevant to the case/scenario given. You may also choose to read a
copy of any relevant law report relating to the case/scenario for greater detail. Links to the law
reports are provided in the task.
Written report
The collective written report is to be handed in by each student in class with a clear indication of
the role that they have taken in the group task. The completed report will have the arguments
made from the plaintiff’s perspective, arguments made from the defendant’s perspective and the
ultimate findings of the court. All of the individual reports for a particular group are to be collated
into and handed in together as one group report, with a cover sheet reflecting the names of the
students in the group.
The written reports will be assessed as a group.

Law 301-Assessment 2-Group Case Study_Task
Your analysis should refer to appropriate cases and statutes, where applicable and be referenced
using the APA Referencing style. Please see more information on referencing here
https://library.torrens.edu.au/academicskills/apa/tool
Submission Instructions
Please submit this task via the Assessment 2 link in the main navigation menu in LAW300 – Business
and Corporations Law by 11.55 AEST Sunday of Week 9 of the relevant trimester. The Learning
Facilitator will provide feedback via the Grade Centre in the
LMS portal. Feedback can be viewed in
My Grades.
Academic Integrity
All students are responsible for ensuring that all work submitted is their own and is appropriately
referenced and academically written according to the
Academic Writing Guide. Students also need
to have read and be aware of Torrens University Australia Academic Integrity Policy and Procedure
and subsequent penalties for academic misconduct. These are
viewable online.
Students also must keep a copy of all submitted material and any assessment drafts.
Law 301-Assessment 2-Group Case Study_Task
Assessment Task
Please select one of the following three cases for purposes of your group task. You will be required to select
only one of the three cases below and prepare a group written report instructed above. In the alternative,
each group may, in consultation and agreement with the Learning Facilitator, select a specific leading case
from a topical area in modules 1-4 for purposes of written analysis.
1) On 16 December 2016 the Australian Competition & Consumer Commission put out a
media release in
respect of the decision of the Full Federal Court to
uphold an appeal by the Australian Competition and
Consumer Commission against the penalty imposed on Reckitt Benckiser (Australia) Pty Ltd for
contravening the Australian Consumer Law (ACL). The relevant case is
Australian Competition and
Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181
. Read the relevant court
decision and prepare the written report as instructed above.
2) In the case of
Gambotto v WCP (1995) 182 CLR 432 the High Court of Australia held that where the
change in the constitution of a company affected a minority, it would be valid if it is for a proper purpose,
and fair in all the circumstances. Read the relevant court decision and prepare the written report as
instructed above.
3) In the case of
Andar Transport Pty Ltd v Brambles Limited [2004] HCA 28 the High Court of Australia
addressed the matter “was complicated by the fact that a director employee of the company who was
suing another company for damages as a result of an injury which he had suffered, was treated as quite
distinct from the company which he effectively ran, in evaluating a claim for contributory negligence by
the defendant.” (
Australian Institute of Company Directors, 2004). Read the relevant court decision and
prepare the written report as instructed above and in relation to the complicating issue above.

Page 5 of 6
Assessment Rubric

Criteria Fail
0-49%
Pass
50-64%
Credit
65-74%
Distinction
75-84%
High Distinction
85-100%
Identification of legal
issues
10%
Little or no relevant
issues identified and
discussed.
Limited relevant issues
identified and
discussed.
Majority of relevant issues
identified and discussed.
Identification of most
relevant legal issues.
Comprehensive and concise
identification of all relevant legal
issues.
Identification of the
relevant law
20%
Misstatement or minimal
statement of the relevant
legal rule.
Limited identification
of relevant legal rules.
Identification of most legal
rules and/ or some rules lack
proper legal reference.
Identification of most
relevant and applicable
legal rules that that include
proper legal reference.
Comprehensive and concise
identification and discussion of all
relevant legal rules that include
proper legal reference.
Application of the
relevant law to the facts
50%
Mistaken or lack of
application of law to the
fact scenario. References
to case law and or
legislation are absent or
inaccurate
Satisfactory
application of law to
the fact scenario.
There are some
references to case law
and or legislation, but
they are not always
suitably deployed or
cited.
Good application of law to the
fact scenario although in some
areas, a more detail application
is required. There are a good
number of references to case
law and or legislation and they
are often suitably deployed or
cited.
Very good application of
law to the fact scenario
that reflects individual
thought. The student
demonstrates very good
understanding of legal
rules although at times, a
more detailed application
is required. There are
references to case law and
or legislation in support of
most arguments and they
are mostly deployed and
cited with accuracy.
Detailed application of law to the
fact scenario that reflects individual
thought. The student demonstrates
well developed understanding of
legal rules by relating each element
of the law to the fact scenario.
There are references to case law
and or legislation in support of all
arguments and they are
consistently deployed and cited
with accuracy.

Page 6 of 6

Conclusion
10%
The conclusion is absent Conclusion is kept
short, but it contains
errors.
Conclusion is kept short and
answers the question at hand
and is supported by the
forgoing argument.
Conclusion is kept short,
answers the question at
hand and is supported by
the forgoing argument.
Conclusion is kept short, answers
the question at hand and is
supported by the forgoing
argument. The students consider
the legal consequences of the
application.
Form, structure
and language
10%
The submission shows
little to no evidence of
the ability to structure a
logical outline of
academic argument, or
the analysis of any
associated concepts.
There are frequent or
repeated flaws in
expression, grammar,
spelling or punctuation.
The Submission
demonstrates
inconsistent and
limited ability to
outline and structure
logical arguments and
to analyse any
associated concepts.
The submission
contains flaws in
expression, grammar,
spelling and/ or
punctuation
The submission demonstrates
some proficiency in the ability
to outline and structure logical
arguments and to analyse any
associated concepts. There are
some flaws in expression,
grammar spelling and/ or
punctuation
The submission
consistently demonstrates
good ability to outline and
structure logical
arguments and to analyse
any associated concepts.
There are ooccasional
minor flaws in expression,
grammar, spelling and or
punctuation.
The submission consistently
demonstrates a high-level ability to
outline and structure logical
arguments and to analyse any
associated concepts. There are
minimal errors in expression,
grammar, spelling or punctuation.

 

Tags: , , , , , , , , , ,