Information about the Assignment:
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Due date |
Friday, May 20, 2022 - 23:00 (Week 10) |
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How to submit |
The assignment must be submitted in word format through the submission link on Moodle. |
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Topics covered by Assignment |
Topic D |
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Maximum word limit |
3000 words |
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Total marks |
30 |
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Percentage of final grade |
30% |
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Referencing |
APA 7th edition or AGLC 4th edition (available online) |
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Reference list/ Bibliography? |
Yes |
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Assessment criteria: |
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student has: |
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A detailed rubric is attached. The assignment will be assessed on the extent to which the |
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- Research:
- Conducted independent research relevant to the topic, including the use of secondary legal sources in particular a number of legal texts, authoritative materials from internet sites and academic (peer reviewed) journal articles and books.
- Analysis:
- Answered the set question(s) through identification and discussion of relevant legal issues.
- Demonstrated an understanding of the topic, presented different points of view (if applicable), presented well-constructed arguments, and demonstrated critical thinking.
- Application:
Demonstrated ability to analyse the facts and to apply knowledge of law on a given problem scenario.
Presentation:
- Used clear expression and provided proper citations for legal sources in footnotes and a bibliography or reference list.
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Assignment tasks: |
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Task 1: |
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Write an essay on how the Corporations Act 2001 (Cth) seeks to strike a balance between the interests of company shareholders and those who deal with companies. Support your answer with reference to sections of the abovementioned statute and to relevant cases. (10 marks) (
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Task 2: |
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You should write at least 1000 words) |
TKD Pty Ltd is situated in Australia. It has three directors: David, Sneha and Chen. David signed a mortgage and guarantee in favour of Quickloan Bank Ltd on behalf of TKD Pty Ltd. The guarantee secured a personal loan by Quickloan Bank Ltd to David. The loan is guaranteed by a mortgage over TKD Pty Ltd’s land in Ballarat. The documents were signed by David and appeared to have been signed by the other directors. However, David had forged the signatures on the documents and the other directors were unaware of the transactions.
TKD Pty Ltd’s constitution provides that loan agreements could only be executed if authorized by directors’ resolution. In this instance, no such resolution had occurred. Quickloan Bank Ltd had not undertaken searches to establish whether David, Sneha nor Chen were directors of TKD Pty Ltd prior to accepting the guarantee and mortgage. David has failed to repay the loan and has now left Australia. Quickloan Bank Ltd is attempting to enforce the guarantee and mortgage against TKD Pty Ltd.
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Required: Discuss whether Quickloan Bank Ltd can enforce the guarantee and mortgage |
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(contracts) against TKD Pty Ltd. You should support your answer with reference to relevant |
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sections of the Corporations Act 2001 (Cth) and to relevant cases. (20 marks) |
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Criteria |
High distinction |
Distinction |
Credit |
Pass |
Fail |
Mark and/or comments |
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Research |
Outstanding range of timely and relevant sources. |
Very good range of timely and relevant sources. |
Good range of timely and relevant sources. |
Narrow range of timely and relevant sources. |
Inadequate range of timely and relevant sources and/or overuse of irrelevant sources. |
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Analysis |
Demonstrates outstanding skills in issue identification, critical thinking and argument relevant to the topic. |
Demonstrates very good skills in issue identification, critical thinking and argument relevant to the topic. |
Demonstrates good skills in issue identification, critical thinking and argument relevant to the topic. |
Demonstrates satisfactory skills in issue identification, critical thinking and argument relevant to the topic. |
Demonstrates unsatisfactory skills in issue identification, critical thinking and argument relevant to the topic. |
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Application |
Demonstrates outstanding ability to apply knowledge of relevant laws on given facts. |
Demonstrates very good ability to apply knowledge of relevant laws on given facts. |
Demonstrates very good ability to apply knowledge of relevant laws on given facts. |
Demonstrates satisfactory ability to apply knowledge of relevant laws on given facts. |
Demonstrates unsatisfactory ability to apply knowledge of relevant laws on given facts. |
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Presentation |
Excellent written expression and proper citations in- text and in bibliography/ reference list. |
Very good written expression and proper citations in- text and in bibliography/ reference list. |
Good written expression and mostly proper citations in-text and in bibliography/ reference list. |
Generally satisfactory written expression and mostly proper citations in-text and in bibliography/ reference list. |
Poor written expression and lack of proper citations in-text and in bibliography/ reference list. |
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Order to get the answer to this.
