LAWS1091 BUSINESS ASSOCIATIONS EXAM-READY NOTES

Description

Over 100 hours were spent over the term compiling and creating these exam notes which helped me get a Distinction in Business Associations. They include all assessable content that are perfect for acing both problem questions in your final exam. Topics Covered included: 1. Definition of Directors 2. Definition of Officers 3. Duties Falling on Company Members 4. Directors & Officers 5. To Whom are Directors Duties Owed? Director's Duties Duty of Care, Skill & Diligence; s 180(1) Defences to DoC Duty to Prevent Insolvent Trading Defences & Safe Harbours – Duty to Prevent Insolvent Trading Compensation Remedies for Insolvent Trading Duty to Act for Good faith and for Proper Purpose Statutory Duties under s 181 Duty to Act in Good Faith Duty to Exercise Powers for a Proper Purpose Duty to Avoid Conflicts of Interest Statutory Obligations – ss 182-184 Attenuation of the Fiduciary Duty Ratification Statutory Disclosure Obligations 6. Enforcement of the Corporations Legislation S 79 Accessorial Liability Criminal Prosecutions and Offences Civil Penalty Regime 7. Member’s Remedies Remedy Overview Oppression Orders which may be granted under s 233 Statutory Derivative Action Swansson v Pratt 8. Injunction 9. Winding up a company under s 461 [Solvent Companies] 10. External Administration – Insolvent Companies