Shareholders' Rights and Remedies

Subject LAWS70193 (2011)

Note: This is an archived Handbook entry from 2011.

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

This subject has the following teaching availabilities in 2011:

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: Not available
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 more information, contact the Melbourne Law Masters office.

Email law-masters@unimelb.edu.au or phone +61 3 8344 6190.

Alternatively, visit our 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 and removal of directors
  • Shareholder remedies, including oppression, winding-up-related relief, statutory derivative action and 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 the 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: Visit the Melbourne Law Masters website for more information about this subject.
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date

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