BULAW5915 Student Assessment :
Information about the BULAW5915 Assignment:
|Due date||Week 9: 23:59 hrs, Sunday, 7 May 2023.|
|How to submit||The assignment must be submitted in word format through the submission link on Moodle.|
|Topics covered by Assignment||Topic 4|
|Maximum word limit||2500 words|
|Percentage of final grade||30|
|Referencing||APA 7th edition or AGLC 4th edition (available online)|
|Reference list/ Bibliography?||Yes|
A detailed rubric is attached. The assignment will be assessed on the extent to which the student has:
- Conducted independent research relevant to the topic, including the use of secondary legal sources, in particular, a number of legal texts, authoritative materials from internet sites, and academic ( peer-reviewed) journal articles and books.
- Answered the set question(s) through identification and discussion of relevant legal issues.
- Demonstrated an understanding of the topic, presented different points of view (if applicable), presented well-constructed arguments, and demonstrated critical thinking.
- Used clear expression and provided proper citations for legal sources in footnotes and a bibliography or reference list.
Designer Apparels Ltd (DAL) is an Australian company that imports apparel from overseas, mainly from developing countries, and markets in Australia. DAL’s board of directors is comprised of Stuart, Jay, Manish, John, and Javed all of whom own significant shares in the company. In fact, they were good mates since when all of them used to study accounting together at a local university. While DAL is doing financially well, recently there has been some unrest among the employees over the way they are treated by DAL. Also, some customers have provided negative reviews online claiming that DAL imports apparel from overseas factories where child labour is used and the health, hygiene, and safety of workers are not ensured at all.
Imagine that you have been appointed as the Managing Director of DAL. Make a critical assessment of the issues related to the corporate governance of DAL and recommend how they can be improved. Your assessment must rely on and refer to the ASX corporate governance principles and recommendations (4th Ed) and other resources that you may find relevant. (15 marks)
Ashiq, Brendon, Carl, Deepika, and Eliza were members of the Board of Directors of Fancy Tiles Pty Ltd (FTPL), a company engaged in the business of importing and supplying tiles as wholesalers to the local market. Ashiq was also Managing Director. The board decided FTPL needed to become more competitive by increasing the volume of its sales by lowering its prices.
FTPL obtained a loan of $5 million dollars from Loans Plus Ltd. The loan was secured by a floating charge over the assets of CPL. $3 million was used to buy more stock and $1 million to buy a large new warehouse and showrooms from Show Rooms Pty Ltd.
Carl was not at the directors’ meeting when these decisions were made as he was in the hospital. Eliza, as was her usual custom, had not been at the meeting but had signed the necessary documentation acknowledging her agreement to expand the business and get the loan. Deepika chose not to vote at the meeting. She had said she did not know if she agreed with the decisions. Ashiq and Brendan voted to go ahead with the expansion of the business and the loan.
At about this time, Brendan established contact with Leung, who was a retailer of tiles. Leung was looking for reliable suppliers but said he would not deal with FTPL as he did not like Ashiq. Brendan did not wish to miss a good business opportunity and arranged to set up his own business as a wholesaler of tiles. Brendan then entered into a contract with Leung to supply tiles to him.
Discuss whether EACH of Ashiq, Brendan, Carl, Deepika, or Eliza has breached any of their directors’ duties. You should support your answer with reference to relevant sections of the Corporations Act 2001 and to relevant cases. (15 marks)
BULAW5915 Assignment Rubric and Feedback Sheet
|Criteria||High||Distinction||Credit||Pass||Fail||Mark and/or comments|
|Research (45%) Analysis (40%) Presentation (15%)||Outstanding range of timely and relevant sources.||Very good range of timely and relevant sources.||Good range of timely and relevant sources.||Narrow range of timely and relevant sources.||Inadequate range of timely and relevant sources and/or overuse of irrelevant sources.|
|Demonstrates outstanding skills in issue identification, critical thinking and argument relevant to the topic.||Demonstrates very good skills in issue identification, critical thinking and argument relevant to the topic.||Demonstrates good skills in issue identification, critical thinking and argument relevant to the topic.||Demonstrates satisfactory skills in issue identification, critical thinking and argument relevant to the topic.||Demonstrates unsatisfactory skills in issue identification, critical thinking and argument relevant to the topic.|
|Excellent written expression and proper citations in-text and in bibliography/ reference list.||Very good written expression and proper citations in-text and in bibliography/ reference list.||Good written expression and mostly proper citations in-text and in bibliography/ reference list.||Generally satisfactory written expression and mostly proper citations in-text and in bibliography/ reference list.||Poor written expression and lack of proper citations in-text and in the bibliography/ reference list.|
Additional marker comments?