COLLEGE OF LAW AND JUSTICE

SCHOOL OF LAW

CORPORATE LAW ASSIGNMENT

"It is the divergence of interests of various stakeholders in companies which make the corporate governance debate crucial. Good corporate governance should be about protecting and balancing the interests of stakeholders by setting up the appropriate mechanisms to align these divergent interests where possible and to ensure adequate monitoring of management".

I Ramsay and R Hoad, "Disclosures! Corporate Governance in Practice", Company Director (Vol 14 No 2, March 1998 11.17

Analyse and discuss this statement in light of the Australian Stock Exchange (ASX) Corporate Governance Council's good corporate governance and best practice guidelines. Do the ASX corporate practice guidelines achieve the balancing of interests that Ramsay and Hoad suggest is crucial?

Please Note: Students must not simply reproduce the ASX Corporate Governance Council's good corporate governance and best practice guidelines. In this assignment students are must read outside the text books and must use journal articles and internet resources. The University has extensive legal resources through the library. There are various other sites such as Austlii and various other search engines on the web.

Consistent and accurate acknowledgment of sources using a recognised style - both in relation to in-text referencing and bibliography (Note the warning about plagiarism below).

The papers will be on the following basis:

Criteria

1. Depth of understanding of the topic and identification of relevant issues.

2. Awareness accuracy of the nature and content of relevant law.

3. Clarity and coherence of the analysis and quality of discussion and argument.

Writing and communication skills

Research skills

Referencing

In law, the preferred referencing style is footnoting. Students are reminded that they will lose marks if they merely reproduce passages copied word for word from texts and other references without attempting to convey information and express ideas in their own words. Of course this does not preclude the intelligent use of relevant quotations in respect of which proper references are given.

It should be noted that the references must be given in respect of all material included in the essay. References are not to be confined to situations in which the writer is citing a particular case or using a direct quotation. For example, if the writer is putting forward a legal proposition or using a statement or idea drawn from a specific source, that source must be acknowledged by reference. It is essential that references be properly acknowledged at all times and marks will be deducted if this is not done. References may be acknowledged by numbering them consecutively throughout the essay and by giving details of the references by way of numbered footnotes at the bottom of the relevant page, or by way of a list at the end of the essay. Note carefully that the edition and page numbers of references must be given: it is not sufficient to merely give the name and author of the work. When referring to cases, the full case citation must be given. In addition, a bibliography should always be included at the end of the essay. Students should contact the lecturer if they are in any doubt as to the requirements for the giving of references.

Referencing: Footnotes or end-notes must be used to acknowledge the source or sources of information contained in the assignment. Footnotes are preferred, but either will be accepted. In regard to the acknowledgment of references and matters of style and presentation, students are referred to:

1. Australian Guide to Legal Citation - VU Library Homepage. For all referencing questions for your assignment or any legal writing See: Australian Guide to Legal Citation: The VU Library has a 4 page edited version under Information for researchers: Click on Information for researchers and then click on Referencing and then click on Style Manuals. A copy of the Australian Guide to Legal citation is also available on Webct.

See: http://w2.vu.edu.au/library/referencing/files/AGLC2.pdf

Also see Monash Legal Abbreviations for abbreviations of legal publications.

See: http://www.lib.monash.edu.au/legal-abbreviations

2. G.R.E. Phillips and L.H. Hunt, Writing Essays and Dissertations,

3. G Campbell, The Little Black Book. (available in the bookshop).

Students are required to pay careful attention to spelling, expression, and legibility in the writing of their essays. There should be a margin on the left hand side of each page. Students should keep a copy of the essay submitted.