LAW7243 - Shareholders' remedies
6 points, SCA Band 3, 0.125 EFTSL
Postgraduate Faculty of Law
Leader(s): Professor Elizabeth Boros (Winter); Mr Scott Wotherspoon (Winter)
Offered
City (Melbourne) Second semester 2009 (Evening)
Synopsis
The unit provides a thorough study of shareholders' remedies, examining both litigious and non-litigious remedies.
Litigious remedies include: class actions and recent developments in derivative litigation, as well as oppression, winding up, alteration of the constitution, dilution of equity stakes and compulsory acquisition of minority shareholdings.
Non-litigious remedies include: the role of advance planning, drafting issues in relation to shareholders' agreements and constitutional provisions, and the scope for activism by institutional and retail shareholders in listed public companies.
Objectives
Students who have successfully completed the subject will have:
- a thorough knowledge of the common problems experienced by members of various types of company;
- an understanding of strategies for preventing or remedying those problems without recourse to litigation;
- an understanding of the litigious remedies available to combat those problems;
- an understanding of likely trends for future development of the law relating to shareholders' remedies;
- enhanced research skills, as a result of undertaking a substantial piece of writing on an aspect of shareholders' remedies.
Assessment
Research assignment (3750 words): 50%: Take-home examination (3750 words): 50% OR Research assignment (7500) words: 100%
Contact hours
24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)