Discuss the provisions, With these important words in mind,

Discuss the provisions

Reference no: EM13141084

Hanrahan, Ramsay and Stapledon (2012, p.310) observe the following about members' remedies:
An individual member may commence legal action where the member believes that he or she has been oppressed or unfairly discriminated against or unfairly prejudiced. The action that is said to be oppressive can be that of the directors of the company. It might also be an action of the majority members. In this case, it would not be a breach of duty. Directors and other officers owe duties to the company; however, majority members do not owe duties to minority members or to the company . . .

With these important words in mind, discuss the provisions in the Corporations Act which provide remedies to members in circumstances where the controllers (be they majority shareholders and/or directors) of a company act oppressively or unfairly towards them or others. In developing your essay, you should focus your discussions on the oppression remedy. As this essay requires an analytical approach, you should extend your discussion well beyond a mere description of these principles. You should use section numbers and case authorities to support your arguments, and if possible illustrate with examples of contemporary cases before the courts. You should use a range of secondary authorities (books and articles), consistent in number and quality with a second year university essay, and duly acknowledged with proper referencing to support your assertions and arguments. When constructing your essay, reference must be made to the requirements listed in the Unit Plan for this assignment, and you should use the relevant format template provided on Blackboard in due course.
End reference:
Hanrahan, P., Ramsay, I., & Stapledon, G. (2012). Commercial applications of company law (13th ed.). Sydney: CCH Australia Limited.

Reference no: EM13141084

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