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Shareholders' Rights and Remedies (LAWS70193)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable (login required)(opens in new window)
Contact information
November
Lecturer:
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | November |
---|---|
Fees | Look up fees |
Shareholders’ rights and remedies—and how they interact with the rights and obligations of directors, officers and the company itself—are a critical part of the law and corporate governance of Australian companies. Shareholder activism is on the rise and increasingly, the corporate regulator (ASIC), class action litigation firms and shareholders themselves are focused on what shareholders’ rights and remedies are and how they should be observed and pursued. And they are a major focus of Australia’s corporate governance principles for publicly listed companies, and therefore for those responsible for running those companies.
This subject will provide participants with a detailed knowledge of the rights and remedies available to shareholders under the Corporations Act 2001 (Cth) and at common law, how they interact with the roles of directors and management of Australian companies, and what happens when things go wrong.
Principal topics include:
- An overview of the division of power between the various organs of the modern corporation
- What the current framework of corporate governance has to say about treatment of shareholders
- Shareholders’ agreements and constitutional provisions
- Shareholders’ rights including voting and access to corporate information
- Shareholder activism, including requisitioning meetings, proxy voting and removal of directors
- Shareholders’ remedies, including oppression, winding-up-related relief, statutory derivative action and class actions
- The role of ASIC
- Law reform
- Overseas comparisons.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and detailed understanding of shareholders’ rights and remedies under the Corporations Act 2001 (Cth) and general law
- Appreciate how shareholders can adjust and manage their rights between themselves
- Have advanced knowledge of the role of the Australian Securities and Investments Commission in advancing the interests of shareholders
- Be able to clearly and critically articulate, examine, analyse, interpret and assess these rules
- Have a sophisticated appreciation of the debate regarding the role of shareholders in the modern corporation, and the tensions between management, directors, shareholders, regulators and other stakeholders
- Understand and critically engage in policy and law reform developments in relation to shareholders’ rights and remedies
- Have an overview of shareholders’ rights and remedies in some of the major overseas jurisdictions and an international context.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
Students must meet the requirements of either Option 1 or Option 2
Option 1
Admission into a relevant Melbourne Law Masters program
AND
Completion of a Corporations Law component of an Australian law degree or equivalent.
OR
Option 2
Admission into the MC-JURISD Juris Doctor
AND
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50035 | Corporations Law | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
In-class test
| During the teaching period | 20% |
Research paper on a topic approved by the subject coordinator
| 5 February 2025 | 80% |
Hurdle requirement: A minimum of 75% attendance is required | Throughout the teaching period | N/A |
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- November
Principal coordinator Elizabeth Boros Mode of delivery On Campus (Parkville) Contact hours Note, this class is taught across 6 days, on Saturdays and Sundays, across three consecutive weekends. Total time commitment 150 hours Pre teaching start date 18 October 2024 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 16 November 2024 to 1 December 2024 Last self-enrol date 23 October 2024 Census date 18 November 2024 Last date to withdraw without fail 3 January 2025 Assessment period ends 5 February 2025 November contact information
Lecturer:
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available free of charge from Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Master of Laws Course Juris Doctor - Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 31 January 2024