Has the Australian Government accepted those recommendations? If so which ones?

Question:

“In 2019, the Final Report of the Banking Royal Commission was released. Critically analyse the main findings of that report as relevant to corporations law. Has the Australian Government accepted those recommendations? If so which ones? What is the timeline for implementation?

Considering the position in Singapore and the UK, have these jurisdictions had similar Enquiries? If so, have there been recommendations and law reforms flowing from those Enquiries relevant to the corporate law of those countries? If so, how do they compare to the developments in Australia? If there has not been an Enquiry in the UK or Singapore, why not?

CO5121 LAW OF BUSINESS ORGANISATIONS SP53 2019

ASSIGNMENT

Due date: A written assignment is due by 15 January 2020 23:59.

Weighting: The assignment is worth 30% of the marks for the subject.

Individual Assignment: This is an individual assignment – students are not to copy each other’s work. Rather, their essay is to be a reflection of their original thoughts, analysis and research.

Lodgement: you must lodge assignments in hard copy to your lecturer during class on the due date with an assignment cover sheet that has been time and date recorded. You must ALSO lodge your assignment electronically via the LearnJCU website as a backup copy (and to check for plagiarism). Please ensure you retain a photocopy of the assignment. Your electronic copy of the assignment must also be submitted before the due time on the due day. Note the link on the web site to the University’s policy on submitting assignments electronically.

To submit your electronic copy of the assignment, follow these instructions:

1. Go to your subject site in Learn JCU, select Assignments from the left-hand navigation bar.

2. You will see an icon that looks like a blue page – Click on View/Complete.

3. To attach your file, click on the ‘Browse’ button and double click on the file you wish to submit. You can also write a

comment about the file you are sending eg if you have an extension, you might want to say “Extension Granted” Please note that you are only able to submit the assignment in one document.

For more information go to http://learnjcu.jcu.edu.au and click on LearnJCU Toolbox under the Support tab.

Penalty for late submission: the penalty for late submission of assignments without an extension having been granted is the loss of 5% of the total marks available (for the piece of assessment) per day vanishing down to a mark of zero after 20 days.

In fairness to all students, extensions of time will only be granted in exceptional circumstances and where there is cogent evidence supporting the need for extension. If an extension is applied for close to the due date, normally the

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assumption of the lecturer will be that the student has had up to five weeks to work on the task and has done so consistently. The co-ordinator may require the student to produce their work completed to the time of the request for an extension.

If your circumstances warrant the need for an extension, or you would like to request an informal review of your assessment, please refer to the Subject Outline for further details. The “Review of Assessment” and “Request for Extension” forms are available in hard copy from the Law School office or from the Law School web site: http://www.jcu.edu.au/law Please note that all enquiries and concerns relating to assessment review and teaching and learning issues should, in the first instance, be addressed to the Lecturer/Subject Coordinator. The Head of School will not enter into discussion without evidence that the Lecturer/Subject Coordinator has been formally consulted.

Word Limit: Assignment – 1500-2000 words. Note that your emphasis should not be on length but rather on clarity and precision of thought and expression. You must indicate the length of the assignment on your paper. Word count not recorded – Students will be penalized 2 marks for failing to record the correct word count on the cover sheet or assignment. Word count exceeded – Students will be penalized 1 mark for each 100 words (or part thereof after the first 100 words) above the 1,500-2000 word limit.

Style Guide: include footnotes or endnotes and a bibliography. These are not included in calculating the paper’s word length (unless the footnote is used for extremely long passages of text that may run the risk of circumventing the word limit). Referencing for all Law assignments must be based on the following – Australian Guide to Legal Citation (latest edition) University of Melbourne. (http://www.mulr.law.unimelb.edu.au/go/AGLC3)

Marking Schedule: a marking sheet is attached. Marks will be primarily awarded for content, analysis and reasoning (based on sound research) but expression, grammar and spelling, presentation and form will also be taken into account (especially where such detracts from the strength of the argument/analysis). Regard shall be had to the following criteria: 1. Demonstrated familiarity with the relevant law and policies (based on sound research); 2. Evaluation of arguments/critical analysis of the relevant law and policies (based on sound research); 3. Development of argument (based on sound research); 4. Structure and organisation; 5. Originality; 6. Quality of expression, spelling, grammar, and punctuation; and 7. Referencing and bibliography.

Structure: While there is always a place for creativity in answering the questions set, somewhere towards the early part of the answer, there should be an outline/summary/statement of your argument/answer to the question in a nutshell. (Where a question includes a quotation to be analysed, ensure that you address the nub of the quotation in all aspects of the assignment). The assignment should also typically include: brief statement of the law/development or change

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proposal/development; analysis (eg what was/is the change meant to achieve and why; has it achieved/is it likely to achieve that goal; is it too early to tell; what does the case law and scholarly analysis tell us?) The conclusion ought to consist of a summary showing how your analysis supports your opinions/deductions. It is significant to note that good research supports good analysis. Headings may also be useful. For the problem section of the question, the IRAC (issue, rule, apply, conclude) technique may be useful.

Research Skills: Please refer to Milne, S & Tucker, K, A Practical Guide to Legal Research, latest edition, Law Book Company. You will note from the schedule for the course, that the lecturer takes students through research databases and methodologies that are relevant to the assignment, also. It is important to attend that class – as it is important to attend most classes.

Policy on Plagiarism: Please note the link on the web site to the University’s policy on plagiarism. This WILL be enforced. Recent case law has confirmed that evidence of plagiarism at University will be considered by a court upon an application for admission. Failure to disclose such evidence is viewed very seriously.

Question:

“In 2019, the Final Report of the Banking Royal Commission was released. Critically analyse the main findings of that report as relevant to corporations law. Has the Australian Government accepted those recommendations? If so which ones? What is the timeline for implementation?

Considering the position in Singapore and the UK, have these jurisdictions had similar Enquiries? If so, have there been recommendations and law reforms flowing from those Enquiries relevant to the corporate law of those countries? If so, how do they compare to the developments in Australia? If there has not been an Enquiry in the UK or Singapore, why not? (30 marks)

You will need to undertake legal research and analysis in order to provide support for all of your answers above and this includes references to the relevant law where applicable.

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CRITERIA FOR LEARNING AND ASSESSMENT – CO5121 Legal Research and Analysis Assignment

CRITERIA/ WEIGHTING

FAIL less than 50%

PASS 50-64%

CREDIT 65-75%

DISTINCTION 75-84%

HIGH DISTINCTION 85% (+)

LAW/ISSUES: Ability to write a clear statement of the law pertaining to the quotation as the basis for the identification of key issues in question. Show legal understanding of question/problem and issues in it. 30 %

Has failed to adequately state the law/development. Failed to identify some/most of the legal issues. Failed to address issues as relevant to question.

Has stated the law/development in a basic format; identified some of the legal issues; attempted to accurately address the question.

Has adequately stated the law/development; identified some/most of the legal issues; accurately addressed the question.

Has appropriately and adequately stated the law/development and identified most/all of the legal issues and accurately addressed the question.

Has clearly, accurately and appropriately stated the law/development and identified all legal issues and accurately and appropriately addressed the question.

RESEARCH AND ANALYSIS: Ability to critically analyse the issues and law

arising in the quotation/problem.

Evidence of understanding of

legal issues, developments and influences on the law supported by

Has failed to critically analyse

quotation/problem; lacks evidence of

understanding of legal issues/developments/

influences on law. Little or no use of scholarly authority to support

argument/legal opinion

Has attempted to critically analyse the quotation/evidence;

some evidence of basic understanding of legal issues/developments/

influences on law/application of law to facts. Some use of legal

authority to support argument.

Has provided a reasonable critical

analysis of the quotation/problem, which demonstrates reasonable

understanding of legal issues/developments/influ

ences on the law. Scholarly authority used to

support argument and legal opinion.

Has provided an in-depth critical analysis of the

quotation/probelm, which demonstrates in-depth understanding of legal issues/developments/ influences on the law. Authority appropriately

used where necessary to support argument.

Has provided an in-depth critical analysis which has by

sophisticated use of legal reasoning demonstrated comprehensive/detailed

understanding of issues/developments/influence

s on the law. Scholarly authority consistently used to

support argument. Understands application of law

to facts

5

scholarly authority and research.

50%

Organisation and structure

10%

Disorganised/ incoherent

Shows some attempt to organise in a logical manner, including

linking paragraphs/law to facts

Shows organisation and coherence

Carefully and logically organised

Carefully and logically organised; shows

sophisticated attention to purpose

Written expression, referencing & bibliography quality/form

10%

Meaning unclear and/or grammar, spelling and/or referencing

contain frequent errors

Meaning apparent but language not always

fluent; grammar, spelling and/or

referencing may contain errors

High standard of conventional English; grammar, spelling and

referencing mainly accurate

Very high standard of conventional English; grammar, spelling and referencing accurate

Sophisticated use of English employing an academic style;

grammar, spelling and referencing accurate

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