corporations law exam notes

Description

1. Introductory content ( what is a company etc). 2. Directors a. Appointment & removal b. Types 3. Directors’ duties a. Duty of good faith s181(1)(a) b. Duty for proper purposes s181(1)(b) c. Duty to avoid conflicts of interests i. General law ii. Statute d. Related party transactions (public cos) s208 4. Directors’ relief from liability ss 1317S & 1318 5. Ratification 6. Corporate contracting 7. Members remedies a. Personal actions b. Oppression ss 232, 233 c. Winding up s462 d. Statutory injunction s1324 e. Statutory derivative action ss 237, 236 f. Equitable constraints on amending a constitution. - Topic heading – clear heading for each new legal topic. - Key information – a couple of concise dot points summarising the relevant legal principles, statutory sections and court rules. - Exam-style question heading – a practical question identifying the issue, Should the trial be adjourned? - Step-by-step exam answer guide – numbered steps explaining how to answer that type of question, including: - The relevant legislation, rules and legal principles. - The applicable legal test. - How to apply the law to the facts. - Relevant factors, exceptions and competing arguments. - A reasoned conclusion. - Case boxes embedded within the relevant steps, rather than in a separate case list: - Case name and citation. - Facts: Brief summary of the relevant facts. - Importance: The legal principle established and how it applies to the exam question. - Concise, exam-focused wording – avoid lengthy explanations and unnecessary detail. - Consistent formatting – headings, dot points, numbered steps and clearly separated case boxes. - Practical application – focus on how to use the law to answer a problem question, rather than simply describing the law.