77947 subject outline summer 2010

Subject Outline

77947 Companies and Securities Law

Summer 2010

Faculty of Law

aw.uts.edu .au

http://www.law.uts.edu/

SUBJECT OUTLINE UTS:LAW

CONTENTS

1. Subject Details Page 3

2. Teaching Staff Page 4

3. Subject Content Page 5

4. Teaching and Learning Page 15

5. Assessment and Exams Page 18

6. Guide to Assessments 0

7. Resources Page 25

8. Rules, Key Dates and Web References Page 26

NOTICE: Students must regularly check UTS Online for any changes to the following course material and for announcements throughout the session.

[Year] [Semester] [Subject No] [Subject Name] Page 2 of 28

UTS CRICOS Provider No: 00099F


1. SUBJECT DETAILS

1. Subject Details

1.1 Full Subject Title Companies and Securities Law

1.2 Subject Number 77947

1.4 Semester/Year Summer 2010

1.5 Faculty Law

1.6 Credit Points Six

1.7 Level Postgraduate

1.8 Requisite(s) Undergraduate Degree including a Introductory Law subject

Subject Description

This subject provides an in depth coverage of Corporate Law, examining the corporate legal environment in which companies and their stakeholders including officers and employees operate.

The subject develops through 4 main phases. Initially the main laws and bodies which affect the creation and operation of companies are examined. Then there is a strong emphasis on the main roles, responsibilities and duties of Directors and Senior Officers.

Next the focus is on the relationship between the corporation and its shareholders including the issues of members and fundraising by corporations. Lastly are major events in the lifecycle of companies such as external administration, takeovers and the operation of the Securities Markets.

[Year] [Semester] [Subject No] [Subject Name] of 28



2. TEACHING STAFFIt is highly recommended that email be the first point of contact with teaching staff. You should direct your emails to your Lecturer or Tutorial Leader in the first instance.

Teaching Staff

[Name] Noel Ross

[Position] Lecturer

UTS Faculty of Law

Tel 0408 444 960 (please leave sms message)

Email [email protected]

[Name] Phillip Spence

[Position] Lecturer

UTS Faculty of Law

Email [email protected]

Subject Co-ordinator

[Name] Sophie Riley

[Position] Lecturer

UTS Faculty of Law



mailto:#%23%23%23%[email protected]

mailto:#%23%23%23%[email protected]


3.SUBJECT CONTENT1 Company Law in Context -Overview of business organisations in Australia and the basic

framework of the corporate legislation under the Corporations Act 2001 (Cth) and the Australian Securities & Investments Commission.

2 Registration & Consequences -The constitutional issues, process of registration (incorporation) and its consequences from separate legal entity. Issues of promoters, establishing companies and entering legal relationship prior to registration.

3 Corporate Constitution - Review of the corporate constitution, including a discussion of the use of replaceable rules and internal management (Turquand principle).

4 The Corporation and Outsiders - The relationship between companies and their ability to commit crimes, enter a contract and be liable for a tort, both primarily and secondary (vicariously).

5 Organ Theory & Officers - Explanation of how companies make decisions through their board and agents. Discussion as to the importance of the definitions of the various types of officers.

6 Directors and Officers Duities - Officers and directors duties under the common law, equity and statute (Corporations Act). Also, corporate responsibilities of the company and its officers under other laws.

7 Shareholder Protection - The rule in Foss v Harbottle and the various common law and statutory exceptions, such as the derivative action and minority protection.

8 Corporate Finance and Fundraising - Review of the various capital structures of companies with ordinary, preference and deferred shares and debt capital via charges. Review of prospectus provisions and potential liabilities for misleading statements.

9 Dividends, Financial Reporting and Auditors - Rules about payment of Dividends, financial reporting obligations of Companies, Duties of Auditors to the Company and Third Parties.

10 External Administration - The process of external administration via receivers, voluntary administrators, liquidations and voluntary winding up.

11 Revision Class

12 Examination in Class




3.2 Seminar Timetable

ClassWeek

CommencingLecture Topic

1. 30.11.09 Company Law in Context

2. 30.11.09 Registration and Consequences

3. 7.12.09 Corporate Constitution

4. 7.12.09 The Corporation and Outsiders

5. 14.12.09 Organ Theory and Officers

6. 14.12.09 Directors and Officers Duties

Christmas/Summer Mid Semester Break

7. 4.1 10 Shareholder Protection

8. 4.1.10 Corporate Finance and Fundraising – Assignment due

9. 11.1.10 Dividends Financial Reporting and Auditors

10. 11.1.10 External Administration

11. 18.1.10 Revision

12. 18.1.10 Exam in Class

3.4 Seminar Reading List

WEEK 1:

Seminar Topic Company Law in Context

Prescribed Reading Lipton & Herzberg Ch 1

Recommended Reading

Ford Ch 1-3

Hanrahan Ch 1-2

Redmond Ch 2




WEEK 2:

Seminar Topic Registration and Consequences

Prescribed Reading Lipton & Herzberg Ch 2-3

Recommended Reading

Redmond Ch 4

Hanrahan Ch 3

Ford Ch 4

WEEK 3:

Seminar Topic Corporate Constitution


Recommended Reading

Ford Ch 6

Hanrahan Ch 4

Redmond Ch 3

WEEK 4:

Seminar Topic The Corporation and Outsiders


Recommended Reading

Ford Ch 12-16

Hanrahan Ch 22-24

Redmond Ch 4

WEEK 5:

Seminar Topic Organ Theory and Officers


Recommended Reading

Ford Ch 7

Hanrahan Ch 9

Redmond Ch 5




WEEK 6:

Seminar Topic Company Management & Officers Duties


Recommended Reading

Redmond Ch 5

Ford Ch 8-9

Hanrahan Ch 10-14

WEEK 7:

Seminar Topic Shareholder Protection

Prescribed Reading Lipton & Herzberg CH 17

Recommended Reading

Redmond Ch 8

Ford Ch 11

Hanrahan Ch 15

WEEK 8:

Seminar Topic Corporate Finance and Fundraising


Recommended Reading

Redmond Ch 9

Ford Ch 17

Hanrahan Ch 17-19

WEEK 9:

Seminar Topic Dividends, Financial Reporting and Auditors


Recommended Reading

Redmond Ch 9

Ford Ch 18

Hanrahan Ch 17-19




WEEK 10:

Seminar Topic External Administration


Recommended Reading

Redmond Ch 9

Ford Ch 25-28

Hanrahan Ch 25-26

WEEK 11:

Seminar Topic Takeovers


Recommended Reading

Redmond Ch 10

Ford Ch 23

Hanrahan Ch 20

WEEK 12:

Seminar Topic Revision

Prescribed Reading Revision Notes




3.6 PRESCRIBED Texts

Lipton, P and Herzberg, A Understanding Company Law Thomson Law Book Co.

3.7 RECOMMENDED Texts

either LexisNexis:Butterworths or CCH Australia or Thomson

Australian Corporations Legislation (2009 edition)

A helpful Text for some students;

Li, Grace and Riley, Sophie Applied Corporate Law: A Bilingual Approach LexisNexis:Butterworths Australia 2009

3.8 Other Materials: Reports, Journals and General References

BooksAdams, M, Essential Management Law (2nd ed, 2001)

Adams, M, Essential Corporate Law (2nd ed, 2005)

Ali, P et al, Corporate Governance and Investment Fiduciaries (2003)

Austin, R et al, Company Directors: Principles of Law and Corporate Governance (2005)

Baxt, R et al, Securities and Financial Services Law (6th ed, 2003)

Baxt, R et al, Afterman and Baxt’s: Cases and Materials on Corporations and Associations, (2003, 9th ed)

Berns, S and Baron, P, Company Law and Governance: An Australian Perspective (1998)

Braithwaite, J, Restorative Justice and Responsive Regulation (2002)

Boros, E, Minority Shareholders’ Remedies (1995)

Bruce, R et al Handbook of Australian Corporate Finance (5th ed, 2000)

Burnett, B, Australian Corporations Law Guide (13th ed, 2003).

Butterworths (eds), Company Secretaries’ Essentials (2002)

Cassidy, J, Corporations Law Text and Essential Cases (2005)

CCH Australia (eds), Australian Corporations & Securities Legislation (2005)




CCH Australia (eds), Collapse Incorporated (2001)

Clarke, T, (ed) Theories of Corporate Governance (2004)

Clough, J, and Mulhern, C, The Prosecution of Corporations (2002)

Coburn, N, Coburn’s Insolvent Trading: Global investment fraud and corporate investigations (2nd ed, 2003)

Das, S, Swaps and Financial Derivatives (2nd ed, 1994)

Das, S (ed), Global Swap Markets (1991)

Das, S, Exotic Options (1996)

Das, S, Swap Financing (2nd ed, 1994)

Donnelly, R and Harris, J, Butterworths Questions & Answers: Corporations Law (2nd 2003)

Du Plessis, J, McConvill, J, and Bagaric, M, Principles of Contemporary Corporate Governance (2005)

Duncan, W, and Travers, SJ, Due Diligence (1995)

Farrar, J, Corporate Governance: Theories, Principles and Practice (2nd ed, 2004)

Fisher, S et al, Corporations Law Butterworths Tutorial Series (2nd ed, 2000)

Fishel, D, The book of the Board: effective governance for non-profit organisations (2003)

Fletcher, K, The Law of Partnership in Australia and New Zealand (8th ed, 2001)

Ford, H, et al, Ford's Principles of Corporations Law (12th ed, 2005)

Gobert, J, and Punch, M, Rethinking Corporate Crime (2003)

Gooley, J, Corporations and Associations Law (4th ed, 1999)

Graw, S, An Outline of the Law of Partnership (2001)

Hanrahan, P et al, Commercial Applications of Company Law (9th ed, 2008)

Healy, J, Corporate Governance and Wealth Creation in New Zealand (2003)

Hinchy, R and McDermott, P, Company Law (2005)

Hopkins, T, Mergers, Acquisitions and Divestitures (1983)

Horgan, S, Finance Law of Australia (2001)

Horgan, S, Horgan’s Law of Financial Services (2003)

Huntley, P, et al, An Introduction to the Financial Services Act 2001 (3rd ed, 2005)

Keay, A (ed), McPherson: The Law of Company Liquidation (4th ed, 1999)

Li, Grace and Riley, Sophie Applied Corporate Law: A Bilingual Approach LexisNexis:Butterworths Australia 2009

LexisNexis/Butterworths (eds), Australian Corporations Legislation (2005)




Lipton, P and Herzberg, A, Understanding Company Law (12th ed, 2004)

Low, CK (ed), Corporate Governance: An Asia-Pacific Critique (2002)

McConvill, J, An Introduction to CLERP 9 (2004)

McDonald, L et al, Experts’ Reports in Corporate Transactions (2003)

McLaren, J and Williams, J, Law of Investments (2004)

Morrison, D, Study Guide for Handbook of Australian Corporate Finance (5th ed, 2000)

Nygh and Butt (eds), Butterworths: Concise Australian Legal Dictionary (2nd ed, 2002)

Parkinson, J, Corporate Power and responsibility: Issues in the theory of company law (1993)

Pinto, A, and Evan, M, Corporate Criminal Liability (2003)

Proctor, G and Miles, L, Corporate Governance (2002)

Ramsay, I (ed), Key Developments in Corporate Law & Trust Law – Essays in Honour of Professor Harold Ford

(2002)

Redmond, P, Companies and Securities Law: Commentary & Materials (4th ed, 2005)

Rose, D, Lewis: Australian Bankruptcy Law (11th ed, 1999)

Tomasic, R and Bottomley, C, Corporations Law in Australia (2002)

Tomasic, R et al, Corporations Law: Principles Policy and Process (4th ed, 2003)

Thomson (eds), Corporations Legislation (2005)

Turnstall, I, Corporations Act Compliance Guide (2nd ed, 2003)

Von Nessen, P, A Practical Guide to Managed Investments (1998)

Walker, G et al (eds), Securities Regulation in Australia and New Zealand (2nd ed, 1998)

Weerasooria, W S, Banking Law and the Financial System in Australia (5th ed, 2000)

Woodward, S et al, Corporations Law: In Principle (6th ed, 2003)Wiffen, G, Corporations Law (5th ed, 2000)

Journals & Serials (loose-leaf)

Australian Corporation Law: Principles and Practice, Butterworths

Australian Current Law Reporter, LexisNexis:Butterworths

Australian Journal of Corporate Law, LexisNexis:Butterworths

Australian Securities & Investments Commission: Annual Reports, Media Releases, Policy Statements etc

Butterworths Corporation Law Bulletin, LexisNexis:Butterworths




Companies & Securities Law Journal, Thomson:Lawbook Co

Corporations Law Simplification Task Force, Proposals and Plans of Action

Commonwealth Treasury Department, Corporate Law Economic Reform Program; Proposals

Keeping Good Companies, Chartered Secretaries Australia

Company Director, Australian Institute of Company Directors

Charter, Institute of Chartered Accountants in Australia

Corporation Practice, LexisNexis:Butterworths

Risk Management, THC Press

Australian CPA, CPA Australia

The Journal of Corporate Law Studies, Hart Publishing

Australian Business Law Review, Thomson:Lawbook Co

For an alternative legal citation system, please see the UTS Faculty of Law Guide to Written Communication. The Guide is available from the Law web site at http://www.law.uts.edu.au/students/assessment/submitting.htmlGuide to Essay Writing and Anita Stuhmcke, Legal Referencing (2nd ed, 2001).

3.9 Useful Websites

http://www.comlaw.gov.au (Commonwealth legislation)

http://www.austlii.edu.au (Australasian Legal Information Institute)

http://www.asic.gov.au (Australian Securities & Investments Commission)

http://www.treasury.gov.au (Federal Treasury Department)

http://www.CSAust.com (Chartered Secretaries Australia)

http://www.lawlink.nsw.gov.au (NSW Attorney-General Law pages)

http://cclsr.law.unimelb.edu.au (Centre for corporate law research)

http://www.acla.com.au (Australian Corporate Lawyers Association)

http://lexsun.law.uts.edu.au/~corp/ (Prof Adams' corporate research pages)

http://www.lexisnexis.com.au/aus/academic/text_updater/default.asp



http://www.law.uts.edu.au/students/assessment/submitting.html


3.10 Lecture Recording

Audio or visual recording of classes for this subject is strictly prohibited unless written approval is sought and given in advance by the Subject Coordinator. Approval for audio or visual recording will usually be limited to medical or hardship reasons, and if approved, must be arranged by the student.

Students may only use the audio or visual recording for private study purposes and (to avoid any legal action) permission must be obtained from the Subject Coordinator for any other usage. Given the inter-active nature of classes, any student who does not wish to be audio-taped must advise the Subject Coordinator in advance otherwise permission from students is assumed.

3.10.1 Audio-tapes from AVS

Arrangements may be in place for lectures to be recorded, and tapes made available for purchase from the UTS Audio Visual Services in CM05D.01.01 (at the entrance past the “Art of Food” café) on the Haymarket Campus, Quay Street. Check with your Subject Coordinator if and which arrangement is in place for this subject.

Please also note that no responsibility is taken for the quality or reliability of this taping service and that no Special Consideration applications will be considered in relation to problems experienced by students using this taping service. Students may only use these audio-tapes for private student purposes (and to avoid legal action) permission must be obtained from the Subject Coordinator for any other usage.

3.10.2 Recorded Lectures on UTSOnline

Arrangements may be in place for lecture recordings to be made available for download from UTSOnline. Check with your Subject Coordinator if and which arrangement is in place for your subject.

Please also note that no responsibility is taken for the quality or reliability of this taping service and that no Special Consideration applications will be considered in relation to problems experienced by students using this taping service. Students may only use these audio-tapes for private student purposes (and to avoid legal action) permission must be obtained from the Subject Coordinator for any other usage.




4. TEACHING AND LEARNING

4.1 Graduate Attributes

The UTS, Faculty of Law has identified a number of professional attributes that graduates from the Faculty will possess upon graduation.

● INTELLECTUAL

1. Critical Thinking

An appropriate level of independent thinking, creativity and critical analysis.

2. Analysis and Evaluation

An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and implement decisions.

3. Spoken and Written Communication

Advanced oral and written communication skills.

4. Legal Research and Technological Literacy

Appropriate research techniques to acquire, distil and utilise legal information.

● PROFESSIONAL

5. Disciplinary Knowledge

A coherent and extensive knowledge of substantive and procedural law.

6. Lifelong Learning

A capacity to continually update the knowledge skills and awareness appropriate to the practice of law.

7. Ethics

A capacity to value and promote honestly, accountability and ethical standards.

● PERSONAL

8. Self and Cooperative Work Management

Self and priority management skills including cooperative work.

9. Cultural Awareness and a Global Outlook

An appreciation and valuing of cultural and intellectual diversity and an ability to function in a global environment.

10. Social Justice

An acknowledgement and acceptance of individual responsibilities and obligations and of the assertion of the rights of the individual and the company.




4.2 Learning Objectives

This subject will assist students to develop graduate attributes by pursuing the following learning objectives. Students will undertake class activities to practise their development of these attributes, and will complete a range of assessment tasks designed to assess their attainment of the identified attributes.

No. OBJECTIVETargeting

Graduate Attributes #

1. An understanding of the nature of a corporate entity, how it comes into existence, operates and is terminated within a legal framework

Critical Thinking, Disciplinary Knowledge, Cultural Awareness and a Global Outlook and Social Justice

2. Knowledge of the major statutory and case law which affects Corporations, their members, officers and outsiders

Lifelong Learning, Ethics

3. Skills in reading and interpreting case and statute law and analysing the effect and operations of these laws on corporations and their stakeholders

Analysis and Evaluation, Legal Research and Technological Literacy

4.Ability to analyse problem situations, using the understanding and knowledge gained in the course to identify, advise and report on the corporate legal issues.

Spoken and Written Communication, Self and Co-operative Work Management

4.3 Subject Prize

An annual awards ceremony is held at the Faculty of Law each year in recognition of the achievements of our students. You can check to see if a prize is awarded for this subject by visiting the online Handbook at www.law.uts.edu.au/students/prizes/prizes.html.



http://www.law.uts.edu.au/students/prizes/prizes.html


4.4 Teaching and Learning Strategies

Strategy 1Lectures to explain the content and outline the major theoretical concepts and develop knowledge

Strategy 2Discussion and analysis of Precedent cases to refine and develop legal knowledge and to enhance understanding

Strategy 3Use of Workshop Questions to develop interpretation, analysis and problem solving skills using legal knowledge

Strategy 4Research Questions to develop teamwork and skills in interpreting, analysing and synthesising information and content

4.5 Subject Delivery

The timetabled activities for this subject can be found on the UTS timetable online at http://timetable.uts.edu.au. Students enrolled in this subject can view their personalised timetabled in My Subject Activities online at https://mysubjects.uts.edu.au

4.6 Lecture Format and Tutorial Format and Expectation of Student Participation

The Seminars are of 3 hours and involve part lectures and part student centred activities.



https://mysubjects.uts.edu.au/

http://timetable.uts.edu.au/


5. ASSESSMENT AND EXAMS Students are responsible for familiarising themselves with, and acting, upon all requirements relating to assessments and examination. Students also have a responsibility to make themselves available for exams during the official examination period and/or designated examination sessions

5.1 Assessment

Assessment Criteria Value % Due Date

Research Assignment

Covers research , knowledge and skills objectives outlined in the Course Objectives 2 to 4

40%

In class 2nd lesson in week of 4.1.10

Final Exam

Covers content and knowledge from the whole course. It involves an in class exam where the law has to be applied by students to problem situations. It involves knowledge, skills, research and problem solving objectives. Ie Course Objectives 1 - 4

60%

In Class 2nd lesson in week of 18.1.10

5.2 Assessment Link to Learning Objectives and Graduate Attributes

Assessment Link to Objectives Link to Graduate Attributes

Research Assignment

Covers research , knowledge and skills objectives outlined in the Course Objectives 2 and 3

Cultural Awareness and a Global Outlook and Social Justice, Analysis and Evaluation, Legal Research and Technological Literacy, Spoken and Written Communication, Self and Co-operative Work Management

Final ExamCovers knowledge, skills, research and problem solving objectives. Ie Course Objectives 1 - 4

Disciplinary Knowledge, Analysis and Evaluation, Spoken and Written Communication, Self and Co-operative Work Management




5.3 Assessment Details and Essential Requirements of Assessment

Students are expected to attain a satisfactory performance in all assessment components. Students must complete all parts of the assessment. Please note the specific requirements for submission and undertaking each assessment.

5.4 Mid-semester Exam (Faculty-based)

This is an In class exam done in your Tutorial class in the week starting 31st of August. It covers all the work in the first 5 topics.

5.5 Assignment - 40% - due in your second tutorial class in the week 4th January 2010

This must be handed to your tutor in class in the week commencing. Note - This is the main question but some tutors/lecturers may require their class to do a different assignment.

Question - Discuss, analyse and evaluate the changes to the law of Directors Duties, Shareholder Rights and Insolvency by recent cases in Australia, including (but not limited to);

- Sons of Gwalia v Margaretic [2007] HCA 1- The Bell Group Ltd (In Liq) v Westpac Banking Corporation No 9 [2008] WASC 239- ASIC v McDonald (No.11) (James Hardie case) [2009] NSWC 287- Asic v Vines [2006] NSWSC 738- ASIC v Plymin case No.1 [2003] VSC 123, No.2 [2003] VSC 230

Students will achieve marks for their analysis, evaluation and synthesis of arguments about the changes made by these cases. Merely repeating the facts and judgement will only achieve very low marks.

-The assignment should be typed and can be up to 10 pages of A4 paper(excluding footnotes, bibliography and the cover sheet) using 1.5 spacing and be clearly laid out. You should attach one of the Law School assignment covers (available outside the Law School enquiry counter. The last page should be a full bibliography, reflecting all sources that were used during the research of the topic. Footnotes or end-notes should be used for the full citation of cases, books, journals or other sources.

5.6 Final Exam

The Final “Open Book” examination is done “In Class” in your last timetabled class for the semester (ie the week commencing 18th January 2010). (note that it does not meet the criteria for the granting of Supplementary examinations). The exam will go for 2 hours and 30 minutes – this includes reading time. A sample/practice exam is posted on UTS Online. Students may bring any useful written materials along to the exam.




Remember to CHECK important dates in relation to ‘Centrally-conducted’ Exam matters on the UTS website at www.sau.uts.edu.au/assessment/exams/dates.html which includes the following:

Deadline for assessment arrangements (Special Conditions application) Final centrally-conducted exams timetable release date Deadline for ‘Advice of Scheduling Difficulties’ applications Centrally-conducted exams commencement and finishing dates Special Exams commencement and finishing dates Results release date Supplementary Exams period

6. GUIDE TO ASSESSMENTS6.1 Assignments

6.1.1 Presentation

Assignments must be typed in a legible font at least 11 point in size, with numbered pages, and printed double-sided on A4 paper (with at least a 2cm margin).

The UTS:Law Assignment Cover Sheet must be completed and stapled on the top left-hand corner. Cover sheets are available at the Law Reception foyer, or on the Law webpage at www.law.uts.edu.au/students/assessment/submitting.html.

Please do not place your work in a plastic sleeve or binder unless specifically requested to do so by the Subject Coordinator or Lecturer.

6.1.2 Referencing

Should be in accordance with the Australian Guide to Legal Citation (2nd Edition, 2002). The guide can be viewed online at http://mulr.law.unimelb.edu.au/files/aglcdl.pdf or purchased from http://mulr.law.unimelb.edu.au/index.cfm?objectid=EC680959-CA26-5FED-64377B996D86A395

6.1.3 Extensions

Requests for short-term extensions (no more than 1 week) without academic penalty, must be made formally using the Request for Extension form. Extensions may be granted for no more than 1 week

Forms are available at the Law Reception foyer (CM05B.03.03) or on the Law webpage at www.law.uts.edu.au/students/current.html under ‘Links to Important Information & Useful Resources’.

Application forms must be submitted before the due date of the assessment item, directly with the Law Reception (CM05B.03.32) or by fax to (02) 9514 3400. Do NOT lodge your application form with the Student Centre. Late or mislodged applications may not be considered

Students whose studies are affected by serious illness or hardship, and require long-term extensions should submit an Application for Special Consideration.

In cases where extension has not been granted, please note the penalty for late work set out below in section 6.1.4 that will apply in this subject.

6.1.4 Late Work



http://www.sau.uts.edu.au/forms/pdfs/SPCON_0409.pdf

http://www.law.uts.edu.au/students/current.html

http://www.law.uts.edu.au/pdfs/request_for_extension.pdf

http://mulr.law.unimelb.edu.au/index.cfm?objectid=EC680959-CA26-5FED-64377B996D86A395

http://mulr.law.unimelb.edu.au/files/aglcdl.pdf

http://www.law.uts.edu.au/students/assessment/submitting.html

http://www.sau.uts.edu.au/assessment/exams/dates.html


Any assessment task submitted after 6pm during Faculty teaching weeks, or 5pm during Faculty non-teaching weeks, on the due date of submission will either be rejected without assessment (where the subject outline states that this will be the consequence of an assessment task being submitted after the due time on the due date) or penalised by way of loss of marks unless an extension has been sought and approved by the Subject Coordinator (after due consideration of any submission made by the Academic Liaison Officer on behalf of Special Needs students) through a Request for Extension or Application for Special Consideration.

In the absence of compelling circumstances, no application for a Request for Extension will be accepted after the due date.

Insofar as there is to be a penalty by way of loss of marks, five (5) per cent of marks for the assessment task will be deducted per day for assessment tasks submitted after the due date. Submission will not be accepted after assessment tasks have been returned to other students.

6.1.5 Submission

Must be in hard copy to the Faculty of Law Reception by 6.00pm on the due date during Faculty teaching weeks, or 5pm on the due date during Faculty non-teaching weeks unless otherwise advised. Assignments will not be accepted by email or via UTSOnline unless otherwise advised by the Subject Coordinator or Lecturer. Students must retain a copy of their assignment(s).

6.1.6 Return of Papers

Assignments for on-campus students will be available for collection from the Law Reception counter (CM05B.03.32) unless otherwise arranged by the Subject Coordinator or Lecturer.

6.1.7 Feedback

Please make an appointment with the Subject Coordinator or Lecturer if you want additional feedback on your assignment. You must bring a copy of your assignment to the appointment.

6.2 Faculty-based Exams

Faculty-based exams (also known as ‘informal’ exams) are scheduled by the individual Subject Coordinator, and conducted at the Faculty level; generally in the mid-semester period or at the end of each semester.

The timetable for Faculty-based exams is not formally published. This is normally specified on the Subject Outline for each subject, or released in class by the individual Subject Coordinator or Lecturer.

6.2.1 Scheduling Difficulties with a Faculty-based Exam

Students who, through illness or other circumstances beyond their control are NOT able to attend a Faculty-based (informal) exam are advised to lodge an application form to ‘Request for an Exam AFTER the Examination Period’. You are also advised to ensure the ‘Professional Authority’ section of the form is completed by the relevant and authorised professional.

Submit your completed application form at least five (5) working days prior to your scheduled exam, directly with the Student Centre Haymarket. Do NOT lodge your application form with the Faculty of Law or your Subject Coordinator. Late or mislodged applications may not be considered.




http://www.law.uts.edu.au/pdfs/request_for_extension.pdf


6.2.2 Missed a Faculty-based Exam?

Students who, through illness or other circumstances beyond their control have missed a Faculty-based exam are advised to complete an application form to ‘Request for an Exam AFTER the Examination Period’. You are also advised to ensure the ‘Professional Authority’ section of the form is completed by the relevant and authorised professional.

Submit your completed application form no later than two (2) working days after the missed Faculty-based exam, directly with the Student Centre Haymarket. Do NOT lodge your application form with the Faculty of Law or your Subject Coordinator. Late or mislodged applications may not be considered.

6.3 Centrally-conducted Exams

Centrally-conducted exams (also known as ‘formal’ exams) are scheduled and conducted by the University, in the 3 weeks exam period designated at the end of each semester.

The timetable for centrally-conducted (formal) exams is published on the UTS website at www.sau.uts.edu.au/assessment/exams/timetable/index.html in accordance to a schedule of dates.

6.3.1 Scheduling Difficulties (Rescheduled Exams)

Students who, through illness or other circumstances beyond their control are NOT able to attend a centrally-conducted (formal) exam must lodge an application form for ‘Advice of Scheduling Difficulties for Centrally-conducted Examinations’ to request for a ‘Rescheduled’ exam.

Forms are available from the UTS website at www.sau.uts.edu.au/forms/#assessment and completed applications must be lodged no later than two (2) working days after the Exam Timetable is officially released, directly with the Student Centre Haymarket.

6.3.2 Missed a Centrally-conducted (Formal) Exam?

Students who, through illness or other circumstances beyond their control have missed a Centrally-conducted (formal) exam must lodge an online application for ‘Special Exams’, to request for an ‘Alternative’ exam; within 2 days of your missed exam. The online application system is available from the UTS website at www.sau.uts.edu.au/exams_ass/missed_exam.html.

6.4 Exams AFTER the Examination Period

Students who, through illness or other circumstances beyond their control, have missed a ‘Rescheduled’ and/or ‘Alternative’ exam are advised to lodge an application form to ‘Request for an Exam AFTER the Examination Period’. You are also advised to ensure the ‘Professional Authority’ section of the form is completed by the relevant and authorised professional.

Forms are available at the Law Reception foyer (CM05B.03.03) or on the Law webpage at www.law.uts.edu.au/students/assessment/index.html under ‘Examinations’.

Submit your completed application form no later than two (2) working days after the missed exam(s), directly with the Law Reception (CM05B.03.32) or by fax to (02) 9514 3400. Do NOT lodge your application form with the Student Centre or your Subject Coordinator. Late or mislodged applications may not be considered.



http://www.law.uts.edu.au/students/assessment/index.html

http://www.sau.uts.edu.au/exams_ass/missed_exam.html

http://www.sau.uts.edu.au/forms/#assessment

http://www.sau.uts.edu.au/assessment/exams/timetable/index.html


6.5 Past Papers and Return of Exam Papers

Past exam papers may be available from the UTS Library website in electronic format; see www.lib.uts.edu.au/finding. Please note that not all subject exam papers are made publicly available and not all past exam papers are available.

Exam papers will NOT be returned. However if you want feedback on your exam you may make an appointment with the Subject Co-ordinator or Lecturer, who will go over your paper with you. Papers will be held for a maximum of six (6) months from the date of the exam.

6.6 Academic Liaison Officer (ALO)

The Academic Liaison Officer (ALO) is the contact for students with Special Needs, Indigenous students, and inputs Educational Access Scheme students; or those who experience difficulties with their studies because of primary carer’s commitments, have an illness or experienced misadventure that has affected the student for the duration of a semester.

Accordingly, you would see the ALO for applications for ‘assessment adjustment arrangements’ if you are in the following categories:

Students with disabilities and ongoing illnesses. These students need to consult with the Special Needs Service of the Student Services Unit to discuss suitable learning and assessment arrangements PRIOR to seeing the ALO (see note 6.7 below).

those who experience difficulties with their studies because of family commitments such as primary carers of small children or family members with a disability or ongoing illness, including students with maternity needs and students who have an illness or experience misadventure for the duration of a semester

Indigenous students

InpUTS Educational Access Scheme students

For further information see www.ssu.uts.edu.au/sneeds/services/assessment/alo.html.

Please Note: Requests to the ALO must be made at the start of each semester, as follows:

▪ for Autumn and Spring semesters - NO later than week 9

▪ for Summer session - NO later than week 2.

Further information related to ‘Learning and Assessment Adjustment Arrangements’ is available on the relevant application forms at www.sau.uts.edu.au/forms/index.html#assessment (see also note 6.7 below).

Please note the ALO does NOT undertake the following:

process applications due to temporary illness/misadventure, or pass on general requests for extensions. Students in these circumstances must lodge an application for ‘Special Consideration’ directly with the Student Centre Haymarket, by the specified closing date(s).

assess or process applications for ‘Special Conditions’ in tests or examinations for students of Non-English Speaking Backgrounds (NESB). NESB students should contact the ELSSA Centre for further information, and/or to request extra time/ dictionaries in examinations.

The ALO can be contacted by phone on (02) 9514 3495 or via email [email protected]. Email communication is the preferred contact method.



mailto:[email protected]

http://www.sau.uts.edu.au/forms/index.html#assessment

http://www.ssu.uts.edu.au/sneeds/services/assessment/alo.html

http://www.lib.uts.edu.au/finding


6.7 Special Needs

Special Needs students, ie. students with disabilities and ongoing illnesses apply through the Special Needs Service. The relevant application form(s) must be lodged by the end of week 2 of semester.

Primary carers, Indigenous students, and students with maternity needs, illness or misadventure lasting for only one (1) semester, apply directly to the ALO. Arrangements are mediated by the ALO on terms acceptable to the staff and students concerned. The same form as the Special Needs form is used, but lodged directly with the ALO (not the Special Needs Service of the Student Services Unit).

Please refer to the information specified throughout the form(s) for instructions, timeline/due date and lodgement point PRIOR to contacting the ALO. Application forms are available from the UTS website at www.sau.uts.edu.au/forms/index.html#assessment.

6.8 Special Conditions

Students from Non-English Speaking Background (NESB) may be eligible to apply for Special Exam Conditions. The university makes provisions for students who have been studying English for a limited time to use a paper dictionary, and to have extra time in exams.

The application form for ‘Special Conditions in Exams’ is available from the UTS website at www.sau.uts.edu.au/forms/#assessment; and must be lodged directly with the ELSSA Centre at least 30 days PRIOR to Faculty-based exams and/or at least 30 days before the Formal exam period starts (for Centrally-conducted examinations).

6.9 Special Consideration

If your work during a teaching period or performance in an assessment item, including examinations has been affected by illness or other causes; you may be eligible to request for ‘Special Consideration’.

The application form to request for special consideration is available from the UTS website at http://www.sau.uts.edu.au/forms/pdfs/SPCON_0608.pdf; and must be lodged directly with the Student Centre Haymarket before the due date of the assessment item and/or no later than ONE (1) working day after an examination.

Requests will only be considered in accords to university rule 8.3 Special Consideration of disruption to assessment (see www.gsu.uts.edu.au/rules/8-3.html), and as per the criteria specified on the front page of the application form.

6.10 Grades and Review of Grades

Grades are criterion-referenced; ie. your work is assessed against the assessment criteria, and not against the work of other students in the subject.

University policy concerning the standard of work required to earn each grade is further specified in the UTS Coursework Assessment Policy and Procedures Manual, available on the UTS website at www.gsu.uts.edu.au/policies/coursewkassess.html.

6.10.1 Review of Assessment Result on MERIT

If you believe that a mistake has been made in the calculation of the marks/grade or result for your assessment, please contact your Lecturer to discuss the reasons for your result. If you are not satisfied with the outcome of your discussion, you may then wish to escalate the matter by contacting the Subject Coordinator to further discuss options that may be available to you.



http://www.gsu.uts.edu.au/policies/coursewkassess.html

http://www.gsu.uts.edu.au/rules/8-3.html


http://www.sau.uts.edu.au/forms/#assessment

http://www.sau.uts.edu.au/forms/index.html#assessment


6.10.2 Review of Final Subject Assessment Result on PROCEDURAL ERROR

Students may apply for review of a final subject assessment result by the relevant Faculty Student Assessment Review Committee. The only grounds on which a student may request a review are that there were procedural irregularities in the determination of the final assessment result for a subject (see Rule 8.6 - Assessment of Coursework Subjects www.gsu.uts.edu.au/rules/8-6.html).

Requests for a review must be made in writing by the specified closing date(s), and in accordance to the processes outlined on the ‘Application for a Review of a Final Subject Assessment Result Cover Page’; available from the UTS website at www.sau.uts.edu.au/forms/pdfs/result_review_0309.pdf.

6.11 Online Plagiarism Prevention

You should also note that academics have access to resources that can check for evidence of plagiarism from internet sites.

6.12 English Language Study Assistance Centre (ELSSA)

If you need assistance with written or oral expression in English, contact the ELSSA Centre on (02) 9514 2327 or refer to their website at www.elssa.uts.edu.au for more information on the services they provide. The ELSSA Centre is located in the Tower Building, on Level 18.

7.RESOURCES7.1 UTS Library

The UTS Library has a wide range of services and resources that you will find useful, including law reports, law journals, textbooks, and access to online resources www.lib.uts.edu.au.

Relevant materials in this subject may also be available on Closed Reserve, which is a special borrowing service that allows you to use the material for two hours or overnight, to ensure the materials are available to many students. Materials on ‘closed reserve’ are listed in the library catalogue by subject details and Subject Co-ordinator. Contact the Law Librarian on (02) 9514 3341 for further information or assistance.

7.2 Learning Skills

The BELL (Becoming an Effective Lifelong Learner) website provides information, self-testing and links to help you develop your learning skills. Visit the BELL web site www.bell.uts.edu.au.

7.3 UTSOnline

This subject may have a UTSOnline site (http://online.uts.edu.au/) that include announcements made in lectures, copies of lecture overheads/slides, and clarification of administrative and assignment matters.

It is the responsibility of students to ensure they are registered on UTSOnline for this subject, and regularly check UTSOnline for announcements. If you have difficulties accessing UTSOnline, contact the ITD Helpdesk by phone on (02) 9514 2222 or e-mail [email protected].



mailto:[email protected]

http://online.uts.edu.au/

http://www.bell.uts.edu.au/

http://www.lib.uts.edu.au/

http://www.elssa.uts.edu.au/

http://www.sau.uts.edu.au/forms/pdfs/result_review_0309.pdf



7.4 UTS Student Centre

Staff at the Student Centre Haymarket provide general student administration related information and advice to students, as well as specific administration services for Law students.

Students with enquiries on course or student administration related matters should lodge a Service Desk enquiry via https://servicedesk.uts.edu.au/CAisd/pdmweb.exe or contact the Student Centre Haymarket directly by phone on (02) 9514 3444.

The Student Centre Haymarket is located in Building 5, on 2 levels (Level 1 & Level 5). Opening hours may vary and best to check the information online at www.uts.edu.au/students/centres.html prior to visiting the Centre.

7.5 Law Reception

Staff at Law Reception cannot assist with course or student administration related enquiries, but will happily assist with:

submission and collection of Law assignments

collection of course materials for the current semester

submission of applications for Request for Extension

Location and opening hours for Law Reception is available from the Faculty of Law website at www.law.uts.edu.au/contactus/index.html.

8.UTS RULES, DATES AND WEB REFERENCES8.1 Student Related Rules

Students are strongly advised to read the Rules of the University, available from the UTS website at www.gsu.uts.edu.au/rules/index.html, and to understand the requirements of their course by referring to the online Handbook at www.handbook.uts.edu.au/.

Staff at the Student Centre Haymarket is available to answer any further enquiries you may have; and can be contacted online via Service Desk at https://servicedesk.uts.edu.au/CAisd/pdmweb.exe or by phone on (02) 9514 3444.

8.2 Attendance and/or Participation Requirements

Rule 3.8.2 states that if a student does not satisfy the prescribed attendance and/or participation requirements for a subject, the Responsible Academic Officer may:

(1) refuse permission for the student to be considered for assessment;

(2) refuse permission for the student to attempt an assessment task;

(3) refuse permission for the student to undertake an examination in that subject;

(4) record a final result of 'Fail' for the student's enrolment in that subject.

If a student is prevented from meeting prescribed attendance or participation requirements as a result of illness or other circumstances beyond the student's reasonable control, the student may apply for consideration of alternative arrangements.



https://servicedesk.uts.edu.au/CAisd/pdmweb.exe

http://www.handbook.uts.edu.au/

http://www.gsu.uts.edu.au/rules/index.html

http://www.law.uts.edu.au/contactus/index.html

http://www.uts.edu.au/students/centres.html



Applications must be made through the university’s prescribed processes, and students are advised to consult with staff at the Student Centre Haymarket to ascertain the appropriate method of application.

8.3 Assessment Requirements

Details of assessment requirements is provided in this Subject Outline, and students have a responsibility to ensure they are fully informed of all aspects of the subject assessment requirements and of the assessment processes.

Students are responsible for familiarising themselves with, and acting, upon all requirements relating to assessments and examination. Students also have a responsibility to make themselves available for exams during the official examination period and/or designated examination sessions

8.4 Subject Withdrawal

Students wishing to withdraw from a subject without academic and/or financial penalty are able to self-withdraw online via ‘My Student Admin’ at www.sau.uts.edu.au/managing/msa.html and MUST do so by the Census Date for the current semester. Census dates are published on the UTS website at www.sau.uts.edu.au/dates/census/index.htm.

If students were not able to withdraw prior to the Census date, but still believe they have a genuine case where their ability to continue studying was affected by circumstances beyond their control; may still apply for subject withdrawal with no academic penalty ONLY. Students are required to submit their request together with a personal statement outlining their situation via the e-Request system at www.sau.uts.edu.au/enrolment/e-request/.

Students who withdraw from a subject after the census date of the teaching period will have that subject recorded as ‘withdrawn fail’ and may still be financially liable for the associated tuition fees.

For further information on subject withdrawals and fees refunds, see ‘Variation of Subject Enrolment’ on the UTS website at www.sau.uts.edu.au/enrolment/subject/variation.html and ‘Subject Withdrawal after the Census Date’ at www.sau.uts.edu.au/enrolment/changes.html.

Contact the Student Centre Haymarket directly for further assistance on this matter, online via Service Desk at https://servicedesk.uts.edu.au/CAisd/pdmweb.exe or by phone on (02) 9514 3444.

8.5 Key Dates

Teaching Period www.sau.uts.edu.au/dates/teaching/index.html

Academic Year Dates www.handbook.uts.edu.au/dates_academic.html

Dates: CENSUS www.sau.uts.edu.au/dates/census/index.html

Dates: EXAMS www.sau.uts.edu.au/assessment/exams/dates.html

Principal Dates www.handbook.uts.edu.au/dates.html

Timetable: CLASS http://timetable.uts.edu.au/

Timetable: EXAMS www.sau.uts.edu.au/assessment/exams/timetable/index.html



http://www.sau.uts.edu.au/assessment/exams/timetable/index.html

http://timetable.uts.edu.au/

http://www.handbook.uts.edu.au/dates.html

http://www.sau.uts.edu.au/assessment/exams/dates.html

http://www.sau.uts.edu.au/dates/census/index.html

http://www.handbook.uts.edu.au/dates_academic.html

http://www.sau.uts.edu.au/dates/teaching/index.html


http://www.sau.uts.edu.au/enrolment/changes.html

http://www.sau.uts.edu.au/enrolment/subject/variation.html

http://www.sau.uts.edu.au/enrolment/e-request/

http://www.sau.uts.edu.au/dates/census/index.htm

http://www.sau.uts.edu.au/managing/msa.html


8.6 Student Related Rules

Student Rules www.gsu.uts.edu.au/rules/student-index.html

Review of Assessment Results www.gsu.uts.edu.au/rules/8-6.html

Special Consideration www.gsu.uts.edu.au/rules/8-3.html

Variation of Enrolment www.gsu.uts.edu.au/rules/7-5.html

8.6 Student Self-administration

E-Request http://datasearch.uts.edu.au/evop

Forms: Student Admin www.sau.uts.edu.au/forms/index.html

My Student Admin www.onestopadmin.uts.edu.au/

My Subject Activities https://mysubjects.uts.edu.au/

UTSOnline https://online.uts.edu.au/webapps/login/

8.7 References

Law Handbook www.handbook.uts.edu.au/law/index.html

Law Webpage www.law.uts.edu.au/

Student Admin Unit www.sau.uts.edu.au

Student Centres www.uts.edu.au/students/centres.html

UTS Policies www.gsu.uts.edu.au/policies/index.html

8.8 Contacts

Academic Liaison Officers www.ssu.uts.edu.au/sneeds/services/assessment/alo.html

ELSSA www.elssa.uts.edu.au/about/

Law Reception www.law.uts.edu.au/contactus/index.html

Staff Directory http://email.itd.uts.edu.au/webapps/directory/byname/

Student Centres www.uts.edu.au/students/centres.html

Student Services www.ssu.uts.edu.au/



http://www.ssu.uts.edu.au/


http://email.itd.uts.edu.au/webapps/directory/byname/

http://www.law.uts.edu.au/contactus/index.html

http://www.elssa.uts.edu.au/about/

http://www.ssu.uts.edu.au/sneeds/services/assessment/alo.html

http://www.gsu.uts.edu.au/policies/index.html


http://www.sau.uts.edu.au/

http://www.law.uts.edu.au/

http://www.handbook.uts.edu.au/law/index.html

https://online.uts.edu.au/webapps/login/

https://mysubjects.uts.edu.au/

http://www.onestopadmin.uts.edu.au/

http://www.sau.uts.edu.au/forms/index.html

http://datasearch.uts.edu.au/evop




http://www.gsu.uts.edu.au/rules/student-index.html

77947 subject outline summer 2010

Documents