Submit a written answer to a problem style question – Use the ILAC method – cite legislation and case law (as appropriate) to support statements of law and your application to the facts – conclude your brief with one PowerPoint slide with the 3 key messages to present to the client.
Assignment Overview
This assessment requires each student to submit a written answer to a problem style question. The assignment builds on the skills learned in tutorials. The assignment question aligns with QUT’s expectation that you are provided with ‘authentic’ assessment experiences. It provides an opportunity for feedback on your problem solving ability prior to the final exam.
Use the ILAC method. See the criteria sheet as to how marks (20) are allocated.
You are expected to do additional, independent research beyond the textbook and lecture material in order to complete the assignment.
You must cite legislation and case law (as appropriate) to support statements of law and your application to the facts. Present your argument / application in a clear, concise and logical manner. Make sure that you reach a conclusion. Please refer to the assessment criteria sheet for further information.
Try to avoid making assumptions (especially about the law). If you do not understand the facts, undertake additional research prior to asking for clarification. Any general queries about the assignment should be raised through the discussion board on Blackboard.
For assistance with essay writing, see the QUT library’s cite|write site.
AYB230 CORPORATIONS LAW ASSIGNMENT SEMESTER 1, 2018
Task
Congratulations, you have started your new graduate position at a climate-change consulting firm Greencorp, whose clients comprise financial services companies & superannuation funds. You were recruited due to your highly developed communication skills, your interest in climate-change effects on business, and your excellent technical knowledge in accounting and business law. You have received the following file memo from your supervisor [me], requiring you to write a client board briefing paper.
FILE MEMO
Client: Prime Financial Group Ltd
Date: 16 April 2018
Deadline: 9am Monday 14 May 2018
Sensitivity: highly confidential
To: [you]
From: Professor Ellie Chapple
Our client has contacted us following the litigation and negative publicity that the Commonwealth Bank has been subject to, over lack of climate-change disclosure.
Please write a board briefing paper addressed to our client, who has consulted us regarding their concerns as to potential directors’ climate-change liability, in particular, how to discharge their duty of care and diligence.
Points to address:
• Identify the source of directors’ liability
• Discuss the standards expected
• Advise how this applies to climate-change issues in the client’s business/industry
• Provide 3 suggestions as to how the client’s board may discharge their duty
• Advise on potential liability if the directors personally are sued.
Keep you briefing paper to 1,000 words maximum. Your audience comprises experienced and educated directors, so include sources of law and referencing. Finally, conclude your brief with one PowerPoint slide with the 3 key messages for me to present to the client.
Background reading:
Gareth Hutchins, “Commonwealth Bank shareholders drop suit over nondisclosure of climate risks” The Guardian, 21 September 2017 https://www.theguardian.com/australia-news/2017/sep/21/commonwealth-bank-shareholders-drop-suit-over-non-disclosure-of-climate-risks
James Dunn, “Climate Change” The Company Director magazine, https://aicd.companydirectors.com.au/membership/company-director-magazine/2017-back-editions/may/climate-change
AYB230 CORPORATIONS LAW ASSIGNMENT SEMESTER 1, 2018
ASIC media release 17-162 ASIC calls on preparers to focus on the quality of financial report information http://www.asic.gov.au/about-asic/media-centre/find-a-media-release/2017-releases/17-162mr-asic-calls-on-preparers-to-focus-on-the-quality-of-financial-report-information/
Instructions
Referencing
You are expected to reference your work and provide a bibliography or reference list. You can choose whether to use the QUT cite/write or QUT APA or QUT Legal referencing systems. Whatever you choose, you should be consistent and proficient. If you use footnotes, the footnotes must be sequential, not contain substantial material or argument (which should appear in the body of your assignment). Footnotes / end notes if you use them are not included in the word count.
Case Citations
You must cite a reference, case or legislative section as authority to any primary source legal principles. All cases cited should include the full name of the case and its citation, in the first instance it is referred to. The citation can be given straight after the case name, or referenced in a footnote. Any case names or legislation titles should be in italics. You do not need to refer to the Corporations Act repeatedly. It will be assumed that sections mentioned are from that Act, unless otherwise indicated. The assignment is based on Australian law so only refer to the current version of the Australian Corporations Act.
Sections
Do not ‘waste’ your words by writing out sections in full – your audience will expect you to paraphrase.
If you feel it is necessary to provide ‘word for word’ quotes or material, put it in an appendix – this is what you would do in practice. Note that appendices are not marked.
Formatting
You must present your problem solving task is a professional format – here you are asked for a board briefing paper so you will need to give some thought as to what that would look like. A professional format includes submitting a document in an easily readable font with appropriate margins and headings. For the purposes of assessment, include a title page with your name and student number, word count, and a descriptive title for your assignment. Insert page numbers.
Style
Please use plain English, as this will help you to be concise. The use of colloquial expressions and jargon is inappropriate. The use of ‘SMS speak’ (for example, the letter ‘u’ instead of ‘you’) is particularly inappropriate for formal business communication – use correct spelling and grammar. The use of tables, diagrams etc to communicate your answer is permitted.
Submit – upload through Blackboard
You must upload your answer to Turnitin via the AYB230 Blackboard site by the due date. Note QUT’s policy on late assignments and extensions: late assignments are not accepted and if not submitted by the due date and time, the student will be awarded a mark of zero.
AYB230 CORPORATIONS LAW ASSIGNMENT SEMESTER 1, 2018
Please make sure that the document that you upload to Turnitin includes both your name and student number on the title page.
AYB230 CORPORATIONS LAW ASSIGNMENT SEMESTER 1, 2018
Tips & Frequently Asked Questions
1. What is included in the word limit and is it plus 10%?
Yes. There is a policy to allow a general tolerance up to 10% for assessment. Word count does not include any figures, tables, footnotes, cover page, appendix and reference list. (Note you cannot have any argument in the footnotes or appendix. The only material in the footnotes should be references).
2. Is the 1 x PowerPoint slide included in the word count?
No. The slide contains the key messages, which should be summarized from the content from your answer, so no need to count twice.
3. What makes a good PowerPoint slide?
Visual communication. You may have noticed that people in business do not use ppt the way we do in universities. Students (seem to) expect ppt to contain lots of notes and content and not distracted by colour and images. People in business expect the opposite – key messages, less words, visually stimulating and memorable. People on business always identify themselves, their organisation -> branding. You will be marked on the business standard of presentation. See http://www.garrreynolds.com/preso-tips/design/ (I suggest that you do what I say, not what I do).
4. How do I cite the law?
If you are referring to legislation you only need to state the section number. If you are referring to case law you should use the case name and the legal principle the case stands for.
For example, the law section in your assignment may look like the following:
Law
• S 140 – Statutory contract between member and company.
• A v B [1932] 2 AC 1938 – A company is a separate legal entity.
5. Can I use dot points in my assignment?
The assignment is required to be presented in a professional format. It is up to you what you consider to be a professional format. This may include dot points if this communicates with the marker in a clear and concise manner.
6. How do I write the issue?
When you are writing the issue, it should be reasonably general but helpful if party specific. Simply writing out the question is not the same as identifying the issue.
• The following is not a good issue ‘Has director breached a director duty?’
• The following is a good issue ‘Has Thomas as a director breached his duty to prevent the company from engaging in insolvent trading?’
7. Do I need a reference list?
As you are required to do independent research, your reference list should include around eight references (including cases).