Principles of Company Law (70107) Exam Notes

0 Reviews
5
Add to Cart
  • UniversityUniversity of Technology Sydney
  • AreaLaw
  • CoursePrinciples of Company Law
  • Course Code70107
5 Purchases
88%Verified Grade
  • Authormeganhosiosky
  • Created2016
  • Pages156
  • Approved14 February 2018

This is a fantastic service to use for comparison of notes, compilation of notes or even just in an emergency. There are high quality and varied notes for all the subjects you need.

Daniel Markos

Daniel Markos Bond University

I use Nexus Notes as skeletons for my own notes. This method is far easier than working off textbooks and really helps me with my law exams which aren't getting any easier.

Tommy Hendrick

Tommy Hendrick University of Sydney

I have used Nexus Notes since the site launched and I’m now achieving way more Ds and HDs instead of Ps.

Nick Cundy

Nick Cundy University of Adelaide

View a 10% preview of these notes below.

Download the PDF file .

About these notes

These are complete Principles of Company Law Exam Notes. They include;

  • CLASS 1 (2.8.16)
  • Corporate regulation and regulators
  • Civil penalty provisions
  • Overview of business structures
  • Associations
  • Pre-class work
  • Key concepts
  • Key sections
  • Key cases
  • Bradley Egg Farm Ltd v Clifford [1943] 2 All ER 378
  • Management
  • Facts
  • Cameron v Hogan (1934) 51 CLR 358
  • The association rules and their effect
  • Facts
  • Summary
  • Carlton Cricket and Football Social Club v Joseph [1970] VR 487
  • Smith v Yarnold [1969] 2 NSWR 410
  • Think?
  • Distinguish between tort and negligence and breach of contract?
  • Start with contract, end with tort.
  • Short answer questions
  • The ASIC Act requires ASIC to:
  • Problem questions
  • Question 1
    • Who could the pub enforce the indemnity against?
    • Is there anything the pub could have done to ensure that the indemnity could be adequately enforced?
    • Would your answer be any different if the Cignets were an incorporated 
association under NSW law?
  • Question 2
  • What actions (if any) could ASIC take in this situation? Discussion questions
    • Are incorporated associations public or private in nature?
    • Should public funds be used to enforce corporate laws relating to disputes involving companies which are essentially relationships concerning private property?
  • S49 – ASIC can begin proceedings civil
  • Up to examiner or judge to decide whats appropriate.
  • CLASS 2 (4.8.16)
  • Partnerships
  • Partnership liability
  • Partnership property
  • Limited partnerships
  • Pre-class work
  • Key concepts
  • Key sections
  • Partnership Act 1898 (NSW) ss 1, 2, Pt 2 Div 1, Div 2
  • Key cases
  • Badeley v Consolidated Bank (1888) 38 Ch D 238
  • Birtchnell v Equity Trustee, Executors and Agency Co Ltd (1929) 42 CLR 384
  • Facts
  • Canny Gabriel Castle Jackson Advertising Pty Ltd v Volume Sales (Finance) Pty Ltd
  • Cox v Hickman (1860) 8 HL Cas 268
  • Dean v Macdowell (1878) 8 Ch D 345
  • Dubai Aluminium Co Ltd v Salaam [2002] UKHL 48
  • Polkinghorne v Holland (1934) 51 CLR 143
  • Sze Tu v Lowe [2014] NSWCA 462
  • Short answer questions
  • What is a partnership
  • S1 – definition of partnership
  • S2 – Rules for identification (s 2)
  • S5 – power of partner to bind a firm à every partner is an agent of the firm.
  • S6 – Acts relating to the business of a firm’
  • S9 – Joint liability for debts and obligations ‘of the firm’ while the partner is a partner
  • S12 – Liability joint and several
  • S10 – Liability for wrongs or omissions ‘in the ordinary course of the business of the firm
  • S14 – person liable for holding out to 3rd party
  • S28 – Duty of partners to render accounts
  • S29 – liability to account for misuse
  • Problem questions
  • Discussion question
  • CLASS 3 (9.8.16)
  • Commercial trusts
  • Corporate trustees
  • Pre-class work
  • The following tasks should be undertaken by students before class:
  • Key concepts
  • Key sections
  • Key cases
  • Short answer questions
  • Problem questions
    • List in what different legal capacities Max and Mary have
    • Who is liable for the debts incurred to Avco and SupplyCo?
    • Could either Avco or SupplyCo take exercise a right of subrogation against the trust property or beneficiaries?
  • Discussion questions
  • CLASS 4 (11.8.16)
  • Corporations v companies
  • Foreign companies
  • Types of companies
  • Pre-class work 
The following tasks should be undertaken by students before class:
  • Key concepts
  • Key sections
  • Corporations Act 2001 (Cth) ss 9, 45A, 45B, 57A, 112, 113, 114, 148, 149, 292, 293, Pt 5B.2
  • Key cases 
-
  • Short answer questions
  • How can you become a company?
  • Problem questions
    • an application for reinstatement is made to the Court by:
    • the Court is satisfied that it is just that the company’s registration be reinstated.
  • Discussion question
  • CLASS 5 (16.8.16)
  • Setting up a company
  • Internal capital structure
  • Overview of corporate officers
  • CLASS 6 (18.8.16)
  • Overview of corporate insolvency
  • Winding up companies
  • Effect of insolvency on the company and its officers
  • An overview of insolvent trading liability
  • Class 7 (23.8.16)
  • Corporate legal personality Salomon’s case and its application Corporate groups
  • Class 8 (25.8.16)
  • Veil piercing
  • Principles of corporate liability
  • Individual v corporate liability (introduction)
  • Class 9 (30.8.16)
  • Individual v corporate liability (continued)
  • Corporate criminal liability
  • Class 10 (1.9.16)
  • Corporate authority
  • Corporate contracting
  • Delegation of authority
  • CLASS 11 (6.9.16)
  • Internal governance
  • The corporate constitution
  • Replaceable rules
  • Shareholder agreements
  • ‘Outsider Rights’
  • CLASS 12 – 8.9.16
  • Company meetings
  • Corporate decision making organs
  • CLASS 13 – 20.9.16
  • Corporate fundraising
  • Equity fundraising
  • Debt fundraising
  • CLASS 14 – 22.9.16
  • Directors and officers
  • Appointment, resignation and removal
  • Disqualification
  • CLASS 15 – 27.9.16
  • To whom are directors’ duties owed?
  • Directors’ duties: good faith and proper purpose
  • Shareholder ratification: Definition
  • CLASS 16 – 29.9.16
  • Directors’ duties: duties within a corporate group
  • CLASS 17 – 4.10.16
  • Directors’ duties: conflicts of interest
  • CLASS 18 – 6.10.16
  • Statutory regulation of conflicts
  • Related party transactions
  • CLASS 19 – 11.10.16
  • Directors duties: the duty of care and diligence
  • CLASS 20 – 13.10.16
  • Members’ remedies 1
  • CLASS 21 – 18.10.16
  • Members’ remedies 2

You must log in to submit a review.