explain-the-role-functions-and-powers-of-the-australian-securities

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Unit:

Corporate Law

Assessment item 2 :

Major Assignment
2000 words (individual
)

Objective(s): This addresses Unit Learning Objectives.

Weighting: 30 %

Due: Submitted in Week 10 class. A daily penalty of 5 % will be applied to
late assignments. See Unit Outline in Moodle.

Task Overview:This will be a written
assignment worth 30%.

Students will be expected
to address all the issues evidenced in all parts of the set assignment.

In Week 10 students shall
submit assignment answers to the lecturer in hard copy format and shall
upload a soft copy through Turnitin as one
Word file
. Turnitin checks for copied and unreferenced material. The Turnitin
class code and access password shall be available on the subject site on Moodle.
It is highly recommended that students discuss the requirements of the
questions with the lecturer.

References
should follow the Harvard referencing style.

The Criteria for the
evaluation of this assessment item are set out in the subject unit outline on
Moodle. Assignments submitted should show:

Clear understanding of the questions and its
relevant issues.

Evidence of
reading and research depth

Application of theory and critical analysis

Use of cases, statutes and other resources to
support the analysis

Format of assignment: essay structure: expression, proper presentation and
structure including use of a bibliography, referencing and correct use of
Harvard Referencing System to acknowledge sources.

CORPORATE LAW

Assessment Item 2
30%

Complete both parts, Part A and Part B

In both essays use cases, statutes and other resources
covered in the course where appropriate to support the analysis.

Part A 20 %
1500 words

ESSAY

Complete both questions (a)
and (b).

(a)
Explain the
role, functions and powers of the Australian Securities and Investments
Commission. (15%)

(b)
Why did ASIC
commence legal proceedings seeking civil remedies from the courts in ASIC v Vizard (2005) 23 ACLC 1309? (5%)

Part B 10 %
500 words

ESSAY

The text describes the
‘corporate veil’ as “…a theoretical screen which descends on the company when
it is incorporated and, ordinarily, prevents outsiders from peeping in to see
who is in charge or control of the company.” (Text page 175)

“However the courts are
prepared to disregard the corporate veil in special and limited circumstances.”
(Text page 177)

Explain why the courts in
these two cases lifted the corporate veil:

Gilford Motor Co. Ltd v Horne
[1933] 1 Ch 935 Court of Appeal (UK) and

Jones
v Lipman[1962] 1 All ER 442 Chancery
Division (UK). (10%)

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