Research on an australian corporations law case

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Reference no: EM131976851 , Length: word count:2000

BUSINESS & CORPORATIONS LAW ASSIGNMENT

The assignment consists a 2,000 word report (maximum).

Instructions: Please read and re-read carefully to avoid mistakes.

1. Research on an Australian case (ideally not more than 10 years old since the decision by the Court) involving breach of company director's/officer's duties under the Corporations Act 2001 (Cth).

2. Report: Write a report outlining the following:

a. Case introduction.

b. The duties/responsibilities breached (ex. CA sections 181 or 588G) and explain why the duties were breached.

c. Discuss and critically ANALYSE the court/tribunal decision and the reason for the decision in view of the Corporations Act.

d. Where possible and applicable, the relevance of the decision to the development of Australian corporations law or the impact of the decision on the operation of companies in Australia.

CORPORATIONS LAW CASES -

Note: these cases are only suggestions. Students are encouraged to do their own research and find other cases dealing with directors' breaches of duties under the Corporations Act 2001 (Cth). Students may show their chosen case to their lecturer for confirmation prior to commencing their group report.

1. Gore v ASIC [2017] FCAFC 13

2. Asden Developments Pty Ltd (in liq) v Dinoris (No 3) [2016] FCA 788

3. ASIC v Cassimatis (No. 8) [2016] FCA 1023

4. ASIC v Flugge (No 2) [2017] VSC 117 (sequel to ASIC v Flugge & Geary [2016] VSC 779)

5. ASIC v Padbury Mining Limited [2016] FCA 990

6. ASIC v Sino Australia Oil and Gas Limited (in liq) (2016)

7. ASIC v Mariner Corporation Limited [2015] FCA 589

8. ASIC v Mariner Corporation Limited [2015] FCA 589

9. Forty Two International Pty Limited v Barnes [2014] FCA 85 - delete this case as not really on directors' duties

10. ASIC v Australian Property Custodian Holdings Limited (No 3) [2013] FCA 1342

11. ASIC v Hobbs [2012] NSWSC 1276

12. Fodare Pty Ltd v Shearn [2011] NSWSC 479

13. ASIC v Fortescue Metals Group Ltd [2011] FCAFC 19

14. Groeneveld Australia Pty Ltd & Ors v Nolten & Ors (No 3) [2010] VSC 533

15. Jubilee Mines NL v Riley [2009] WASCA 62

16. ASIC v Narain [2008] FCAFC 120

17. ASIC v Maxwell & Ors [2006] NSWSC 1052

18. ASIC v Edwards (No. 3) [2006] 57 ACSR 209

19. ASIC v Stephen William Vizard [2005] FCA 1037

20. ASIC v Plymin [2003] 175 FLR 124 (affirmed on appeal in Elliott v ASIC [2004] 10 VR 369)

21. ASIC v Parker r [2003] 21 ACLC 888; [2003] FCA 262

22. ASIC v Southcorp Limited (No 2) [2003] FCA 1369 (27 November 2003); 203 ALR 627; 22 ACLC 1

23. ASIC v Whitlam [2002] NSWSC 591

24. R v Rivkin [2002] NSWSC 1182; 198 ALR 400; 45 ACSR 366

25. R v Firns 51 NSWLR 548; 38 ACSR 223; [2001] NSWCCA 191

26. Kokotovich Constructions Pty Ltd v Wallington (1995) 13 ACLC 1113 (NSW Court of Appeal)

27. R v Byrnes and Hopwood (1995) 183 CLR 501; (1995) 130 ALR 529

28. AWA Ltd v Daniels (1992) 10 ACLC 933; on appeal Daniels v Anderson (1995) 37 NSWLR 438

29. Vrisakis v Australian Securities Commission [1993] 9 WAR 395

30. Whitehouse v Carlton Hotel Pty Ltd [1987] 162 CLR 285

Reference no: EM131976851

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len1976851

5/9/2018 5:41:12 AM

Word Count: 2000 words. Instructions: This assignment is to be submitted by the due date via SafeAssign on Blackboard. The assignment is to be submitted in accordance with assessment policy stated in the Subject Outline and Student Handbook. It is the responsibility of the student submitting the work to ensure that the work is in fact his/her own work. Ensure that when incorporating the works of others into your submission that it appropriately acknowledged.

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