Shareholders' Rights and Remedies

Subject 730-824 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points:
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2009:

October, - 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: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidates background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Mr Stephen Newman
Subject Overview:

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 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.

Syllabus:

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.
Assessment:
  • Take-home examination (100%) (4–7 December)

    or
  • Research paper 10,000 words (100%) (21 January 2010) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-824Shareholders' Rights and RemediesMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2009P

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 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.

Syllabus:

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.
  • Take-home examination (100%) (4–7 December)

    or
  • Research paper 10,000 words (100%) (21 January 2010) (topic approved by the subject coordinator)
N.A. N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidates background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Mr Stephen NewmanLawLawNNNNParkvillePARKVILLEFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730824730-8242October

Download PDF version.