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HOLMES INSTITUTE
FACULTY OF
HIGHER EDUCATION
HA3021 Corporations Law Individual Assignment T1 2021
Assessment Details and Submission Guidelines
Trimester
T1 2021
Unit Code
HA3021
Unit Title
Corporations Law
Assessment Type
Individual Assignment
Assessment Title
Case Study on Corporations Law
Purpose of the
assessment (with ULO
Mapping)
The purpose of the Individual Assignment is to provide students with an opportunity to
demonstrate their level of learning of the various key concepts taught in the unit and
apply them in analysing and answering two case problems by citing the relevant legal
rules and cases and applying these to the facts of the case. In this Individual Assignment,
students are required to:
• Reflect critically on the legislation and the relevant case law relating to the
different business structures, in particular corporations and partnerships, and
apply legal principles to real case situations. (ULO 2)
• Analyse the incorporation process and explain the laws and regulations that
govern the different forms of legal entities including the significance of the
concept of separate legal entity. (ULO 3)
• Analyse the roles and duties of directors in the management of the company
and the and responsibilities of members in a company. (ULO 4)
Weight
40% of the total assessments
Total Marks
40%
Word limits
Answer plan – 1,000 words
Assignment draft – 2,000 words
Final Assignment report – 2,500 words with full academic references
Due Dates
Week 5 – Answer plan due
Week 6 – Assignment draft due
Week 9 – Final Assignment due
Weeks 10 – 13: Individual Oral Presentations
Submission
Guidelines
● All work must be submitted on Blackboard by the due date along with a completed
Assignment Cover Page.
● The assignment must be in MS Word format, no spacing, 12-pt Arial font and 2 cm
margins on all four sides of your page with appropriate section headings and page
numbers.
● Reference sources must be cited in the text of the report, and listed appropriately
at the end in a reference list using the AGLC style.
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HA3021 Corporations Law Individual Assignment T1 2021
Assignment Specifications
Purpose:
The purpose of the Individual Assignment is to provide students with an opportunity to demonstrate
their level of learning of the various key concepts taught in the unit and apply them in analysing and
answering two case problems by citing the relevant legal rules and cases and applying these to the
facts of the case.
Instructions: Please read and re-read carefully to avoid mistakes.
Individual Report
1. The individual assignment is about business structures and director’s duties. There is only one
main question to be answered but broken down into four (4) sub-questions.
2. The individual assignment is worth 40% of the total marks in this unit.
3. This individual assignment comprises three separate submissions: an answer plan, an
assignment draft and a final assignment. Each submission is worth separate marks.
4. Answer plan: you are required to submit an answer plan, which outlines your answer, including
the relevant sections of law and cases that you plan to cite in support of your answer.
● Due date: Week 5
● Weight: 10% of the total individual assignment marks
● Length: 1,000 words
5. Assignment draft: you are required to follow your answer plan and produce a written draft of your
answer. The answer must cite relevant sections of law and cases that you specified in your answer
plan. In addition, your draft must include a list of academic references that you have researched
for your assignment.
● Due date: Week 7
● Weight: 10% of the total individual assignment marks
● Length: 2,000 words
6. Final assignment: you are required to submit the final version of your assignment. The final version
must include an official Holmes Institute cover sheet, as well as academic referencing (either intext or footnotes) and a full Reference List.
● Due date: Week 9
● Weight: 20% of the total individual assignment marks
● Length: 2,500 words
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HA3021 Corporations Law Individual Assignment T1 2021
7. Word count limits are strictly enforced. A deduction of two (2) marks will be imposed for every 50
words over the word count for either part of the report. Anything over the word count will not be
read by your lecturer.
8. The total word count for the report must be clearly written on the cover sheet of the assignment.
A paper will not be marked if the word counts are not written on the cover sheet.
Adapted Harvard Referencing
Holmes has now implemented a revised Harvard approach to referencing:
1. Reference sources in assignments are limited to sources that provide full-text access to the
source’s content for lecturers and markers.
2. The Reference list should be located on a separate page at the end of the essay and
titled: References.
3. It should include the details of all the in-text citations, arranged A-Z alphabetically by
author surname. In addition, it MUST include a hyperlink to the full text of the cited
reference source.
For example:
P Hawking, B McCarthy, A Stein (2004), Second Wave ERP Education, Journal of
Information Systems Education, Fall, http://jise.org/Volume15/n3/JISEv15n3p327.pdf
4. All assignments will require additional in-text reference details, which will consist of the
surname of the author/authors or name of the authoring body, year of publication, page
number of content, the paragraph where the content can be found.
For example:
“The company decided to implement an enterprise-wide data warehouse business
intelligence strategies (Hawking et al., 2004, p3(4)).”
Non – Adherence to Referencing Guidelines
Where students do not follow the above guidelines:
1. Students who submit assignments that do not comply with the guidelines may be required to
resubmit their assignments or incur penalties for inadequate referencing.
2. Late penalties will apply per day after a student or group has been notified of resubmission
requirements.
Students whose citations are identified as fictitious will be reported for academic misconduct.
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HA3021 Corporations Law Individual Assignment T1 2021
Individual Oral Presentation
You are required to present your answers in a short oral presentation that will be delivered during
the live interactive online tutorials. Presentations will run from Weeks 10 to 13. Your lecturer will
schedule the particular tutorial when you will present. Each oral presentation will last for five (5)
minutes and will involve you briefly presenting the answer to the question and answering questions
posed by your lecturer.
● Presentation dates: Weeks 10 to 13
● Weight: 10% of the total mark in this unit
● Length: 5 minutes
The individual oral presentation is an integral part of the assessment schedule in this unit. Any
student who submits a written assignment but does not do an oral presentation in class will not have
their assignment marked and their mark released until a presentation has been completed.
Important Reminders:
● All assignment submissions must be de done online and run through SafeAssign. No hard copies
are to be submitted.
● You must attach as the official Holmes Institute cover sheet to your assignment and upload on
Blackboard.
● The assignment must be submitted via SafeAssign on Blackboard and show a similarity
percentage figure. Any assignment that does not show a SafeAssign similarity percentage will not
be marked and be required to re-submit.
● Late submissions will be subject to Holmes Institute policy on student assessment submission
and late penalties (please refer to subject outline and Student handbook).
● All reports are expected to observe proper referencing in accordance with the Australian Guide
to Legal Citation (AGLC). A copy of the AGLC has been posted in the Week 2 tutorial folder.
You may also download a copy for free via this link:
https://law.unimelb.edu.au/__data/assets/pdf_file/0005/3181325/AGLC4-with-Bookmarks-1.pdf
● In general, for written reports, a SafeAssign similarity percentage of 25% or below is acceptable.
Regardless of the similarity figure, all assignments must use in-text citation and observe proper
referencing rules.
● All assignments are expected to strictly follow Holmes Institute’s Academic Conduct and Integrity
Policy and Procedures. A copy of the Policy is available on the Holmes Institute home page.
(About Holmes > Policies) This policy is also explained in your Student Handbook.
● Plagiarism and contract cheating in any form will not be tolerated and will have severe
consequences for the students found committing the same, including receiving zero (0) for the
entire assignment and possible failure in the unit.
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HA3021 Corporations Law Individual Assignment T1 2021
● Any assignment that is found to contain fake or bogus references or references that are clearly
irrelevant to the subject matter of the assignment will receive an automatic zero (0) mark.
● You are required to turn on your video camera and show your face during the individual oral
presentation. You are expected to wear appropriate business attire during the conduct of your
individual presentation.
Assignment Question
• Read the questions below on Business Structures and plan your answers.
• Prepare an answer plan for your answer. Using your answer plan, you are then required to draft
your answer and later finalise your answer.
• Follow the word counts specified for each individual component of the individual assignment.
• A minimum of 6 genuine and relevant Australian legal references are required for this part of the
report. Examples of relevant references for this question include the Corporations Act 2001 (Cth);
the Australian and Securities and Investment Commission’s (ASIC) website (www.asic.gov.au),
the website of the Australian Business Register’s (ABR) website (www.abr.gov.au).
• The full citations for all sources cited in your answer must be listed in a Reference list at the end
of your answer.
• In addition, any online sources cited in your answer and listed in your Reference List must include
a valid hyperlink that allows access to the full text of the source.
Congratulations! You have secured a graduate position with a large firm of corporate
advisers. Hannah Finley, a partner in the practice, asks you to attend an 10:00 a.m. meeting
on Monday with herself and Russel Robbins, a longstanding client of the firm. You will be
required to take notes and prepare answers to Russel ’s queries.
Russel Robbins is married to Megan Mays. They have one child, Ellie, who attends a local
private school. Russel is very entrepreneurial and has been running a second-hand and
vintage clothing business in Albury, NSW, by himself as a sole trader for the past five years
under the business name of Pinnaclewear. A lot of Russel’s customers are other businesses,
both local and overseas. Turnover was $285,000 in the first year and has now grown to over
$3 million per annum.
The business operates from rented premises, but Russel would prefer to buy a building.
Currently, Pinnaclewear employs eight staff. Russel has plans to expand the business further.
He also wants to diversify into food and catering in the near to medium term.
Russel’s mother, Violet, is a retired accountant and he regularly asks her for advice. Violet
suggested recently that Russel should structure his business as a company. Russel is
unsure about this. He makes an appointment to see Hannah
Prior to the meeting, you review Russel ’s file and note that he and Megan have the following
assets.
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HA3021 Corporations Law Individual Assignment T1 2021
• A family home in Wodonga with a market value of $1.25 million. There is a mortgage
on the property of $561,000. The house is owned by Megan. The house was previously
owned by Russel and Megan , but when Russel started up his business, it was
decided to transfer the house solely to Megan for asset protection reasons.
• A share portfolio. Russel and Megan jointly own 1000 Telstra shares, which cost
them $3.30 per share, and 500 Commonwealth Bank shares, which they bought when
they first married. The Commonwealth Bank shares cost them $10.90 per share. The
Telstra shares are currently worth $3.09 per share and the Commonwealth Bank
shares are worth $61.00 per share. The shares are intended as an investment for Ellie
— they will be given to her when she turns 21. Russel and Megan also jointly own a
portfolio of blue chip Australian shares currently valued at $145,957.
• Two motor vehicles. Megan owns a BMW Series 7 worth $135 000. Russel owns a
VW Transporter Van worth $18,000, which he uses for the business.
• Office furniture and equipment. During the course of the year, Russel bought
computers, desks, other office furniture and shelving for the business which cost him
approximately $23 000. Their current value in the financial accounts is $8,650.
• Superannuation. Russel has $190,568 in superannuation and Megan has $136,000
in superannuation.
In addition, Megan works as a sales and marketing manager in the city for a financial services
company. She is on a total salary package of $155,000.
At the meeting, Russel hands over last financial year’s business results and his draft budget
of sales and expenses for the coming financial year. The budget for the new year shows
expected sales of $3,764,000 and a net profit of $637,979.
Issues to be considered
During the meeting, Russel has a number of questions relating to important issues
surrounding the future of his business. Answer the following questions relating to Russel ’s
matter:
(1) What options does Russel have to structure the Pinnaclewear business? Name each
business structure used in Australia that Russel can choose and then define and
describe the basic characteristics of this business structure.
(2) From the facts presented, identify the important issues that will arise as Russel
chooses the best type/s of business structure/s and the factors that he will need to
consider in choosing the right business structure for his business.
(3) Russel still wants to run the business — he wants to be in control. How would the other
business structures differ from just Russel as a sole trader, specifically from the aspect
of control over the business?
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HA3021 Corporations Law Individual Assignment T1 2021
(4) Is Violet correct to suggest that Russel should set up a company to run the
business? Why? Given Russel ’s individual situation, needs and circumstances,
what advantages and disadvantages would a company structure have compared
with the other business structures you discussed in answer (1).
Page 8 of 9
HA3021 Corporations Law Individual Assignment T1 2021
Marking Rubric
Individual Assignment
Total marks
available: 20 marks
per question
Excellent
Good
Satisfactory
Unsatisfactory
Identification of
material facts
involved in problem
question
(8 marks)
7.5 to 8 marks
Completely
identifies all
relevant facts of
case
6 to 7 marks
Identifies most of
the relevant facts
of case
4 to 5.5 marks
Identifies the
basic relevant
facts of the case
but misses other
relevant facts
Below 4 marks
Does not identify
relevant facts of case
Identification of
legal issues / legal
question and
relevant law
(10 marks)
9 to 10 marks
Correctly identifies
all relevant legal
issues and are
stated in the form
of questions.
Correctly identifies
relevant and
appropriate legal
rules and case law,
and states them in
the form of
statements
7 to 8 marks
Issues correctly
identified, but
may contain
extraneous
information and
are not stated in
the form of
questions.
Legal rules and
case law correctly
identified, but
may contain
extraneous info
and are not in the
form of
statements.
5 to 6 marks
Issues are not
completely
identified.
Legal rules and
case law not
correctly
identified.
Below 5 marks
Identifies incorrect or
irrelevant issues.
Identifies incorrect or
irrelevant legal rules
and case law.
Thorough yet
succinct application
of law to material
facts
(10 marks)
9 to 10 marks
Correctly identifies
facts; well
reasoned
discussion relating
facts to the rules
and case law.
7 to 8 marks
Correctly
identifies facts.
Not well
reasoned.
5 to 6 marks
Facts not correctly
identified.
Analysis
incoherent.
Below 5 marks
Scant to no analysis.
Citation and
referencing
(including minimum
number of
references)
(8 marks)
7.5 to 8 marks
Correctly cites
minimum of 6
references, in-text
and in reference
list.
6 to 7 marks
Has minimum of 6
references; or has
occasional errors
in formatting of
in-text citations
and reference list
4 to 5.5 marks
Does not have
minimum of 6
references or
contains errors in
formatting of in
text citations and
reference list
Below 4 marks
No referencing either
in-text or in reference
list; or cites
inappropriate
references; or all
references not cited in
the correct format.
Professional quality
including language
3.75 to 4 marks
3 to 3.5 marks
2.5 to 2.75 marks
Below 2 marks
Reflects no real effort.
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HA3021 Corporations Law Individual Assignment T1 2021
use and writing
style
(4 marks)
Professional
language. No
grammatical,
punctuation or
spelling errors.
Some mistakes.
Does not detract
from
understanding.
Many mistakes.
Detracts from
understanding.
Sloppy.
Deductions
Excess word count
(1 mark for every 25
words over)
Under the word
limit (1 mark for
every 25 word
under)
Lacks minimum of 6
references (1 mark
for every missing
reference)

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