Shareholders' Rights and Remedies

Subject LAWS70193 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

August, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Coordinator

Mr Stephen Newman

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

Principal topics will 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
  • Shareholder access to corporate information (including the Constitution and financial information)
  • Shareholder activism (including requisitioning meetings, proxy voting, removal of directors)
  • Shareholder remedies (including oppression, winding-up-related relief, statutory derivative action, class actions)
  • The role of ASIC
  • Compulsory acquisition of minority shareholdings
  • Law reform
  • Overseas comparisons.
Objectives:

A student who has successfully completed this subject should:

  • Have an awareness of the role of shareholders in the modern corporation and the ongoing tension with the roles of management and directors
  • Appreciate how shareholders can adjust and manage their rights between themselves
  • Have knowledge of shareholders' rights and remedies under the Corporations Act 2001 (Cth) and common law
  • Have knowledge of the role of Australian Securities and Investments Commission (ASIC) in advancing the interests of shareholders
  • Appreciate law reform developments
  • Have an overview of shareholders' rights and remedies in some of the major overseas jurisdictions.
Assessment:

Take-home examination (100%) (1-4 October)
or
10,000 word research paper (100%) (8 November) on a topic approved by the subject coordinator

Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

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