Minority Shareholders' Rights - LAWS8114

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Academic Program must be either 9200, 9210, 5740, 9230, 9231 or 5231

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

Description

This course explores the balance of power between majority and minority shareholders. It will look at how the common law seeks to protect minorities and then at the various ways in which statute has intervened to extend that protection. It will examine Australian law and compare it with its English counterpart.

LLM Specialisations



Recommended Prior Knowledge


LAWS2010 Business Associations 1 or LEGT5541 Corporations and Business Associations Law or equivalent course in corporate and business associations law.

Course Aims


  • the nature of the rights which minority shareholders can enforce directly;
  • the extent to which and way in which minority shareholders can enforce the company's rights against its directors and third parties;
  • the circumstances in which oppression or unfair prejudice to minority shareholders' interests can give rise to statutory remedies;
  • the remedies available to oppressed.

Learning Outcomes


A student who has successfully completed this course should be able to:
  • demonstrate knowledge of the core principles of the law relating to minority shareholders, including a critical understanding of the policy considerations informing the law in this area;
  • demonstrate the skills of analysis and evaluation which are required to engage in practical and scholarly legal research. This will include skills necessary to plan effective research strategies; collect, retrieve and collate relevant information; analyse, evaluate and interpret information and report ;
  • recognise and reflect on ethical and justice issues that are likely to arise in professional practice in this area;
  • identify and formulate legal issues in this area and engage in critical analysis of those issues;
  • be able to communicate their understanding and analysis of legal and policy issues in this area to others in both legal and non-legal formats;
  • by participating in class and completion of essay to develop skills in identifying when a minority shareholder is entitled to relief; the most attractive relief and the implications of obtaining that relief;

Assessment


Class Participation 10%
Research Essay plan 20%
Research Essay 70%

Course Texts


To be advised

Resources


A full up-to date reading list will be provided in the detailed course outline.