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LAW600 Assessment 3 Group Case Study and Presentation ASSESSMENT TASK 3 Subject Code and Name LAW600 Business and Corporations Law Assessment Assessment 3-Group Case Study and Presentation...

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LAW600 Assessment 3 Group Case Study and Presentation
ASSESSMENT TASK
3
Subject Code and Name LAW600 Business and Corporations Law
Assessment Assessment 3-Group Case Study and Presentation
Individual/Group Group
Length 2500 words +/- 10%
Learning Outcomes This assessment addresses the following subject learning
outcomes:
a) Examine and differentiate the key features of the Australian
legal system and identify and distinguish the law that governs
the business environment in relation to agency, property,
contract, torts, business structures and consumers.
) Demonstrate an advanced practical understanding of the major
aspects of corporations law, including the role and obligations
of directors and officers and further elaborate on the
formation, governance and dissolution of companies
c) Identify, examine and critically evaluate legal principles which
arise out of the formation and use of business structures,
eview relevant legal sources, propose suitable outcomes to
elated problems and identify possible challenges to any
proposed outcomes
d) Apply knowledge based analytical, deductive and critical
easoning skills to develop insights into various business
situations and find appropriate legal solutions through the
making of informed judgments.
Due Date By 11:55pm AEST/AEDT Sunday of Week 8 (Module 4.2)
Weighting 30%
Total Marks 100 marks
LAW600 Assessment 3 Group Case Study and Presentation
Context:
This assessment is designed to develop students’ reading and research skills, analytical and critical
easoning skills and communication skills, all of which are important to the outcome of the assessments
in the course. The task is intended to enable you gain skills which will be useful beyond the course. This
assessment allows students to solve practical problems that arise from a given fact scenario/case study
and to use their analytical, deductive and critical reasoning skills to find an appropriate legal solution for
a client.
Students are to be divided into groups of 3, depending on the size of the class. Each group will be assigned
one of three cases/case studies in the list refe
ed to in the task, to make a written analysis and to make
a presentation video of not more than seven minutes long.
The case analysis is intended to enable you to demonstrate your understanding of the basic principles of
corporate liability in relation to tort and contract and the role of consumer protection and further to
develop a legal argument based on those principles.
Instructions:
Students are to be divided into groups of 3, depending on the size of the class. Each group will be assigned
one of three cases/case studies in the list refe
ed to in the task below, to make a written analysis and to
make a presentation video of not more than seven minutes long. In the alternative, each group may, in
consultation and agreement with the Learning Facilitator, select a specific leading case from a topical area
in modules 1-4 for purposes of written analysis and video presentation.
Each student in the group is to select one of the following roles in the case study, depending on the size
of the group:
1. Plaintiff/Appellant
2. Defendant/Respondent
3. Court
Where the group comprises less than three members, each student will select one of the first two roles
and then jointly address the third role.
You will be required to read the summary of your assigned case and then analyse it in the context and
perspective of the role selected by:
 Identifying the legal issue(s) relevant to the selected role, arising from the given scenario
or case study
 Identifying the appropriate legal rules that are relevant in that context
 Applying the law to the facts in the selected context
 Reaching a reasoned conclusion that is relevant in the selected context.
LAW600 Assessment 3 Group Case Study and Presentation

The completed task will comprise an analysis of the plaintiff’s case, an analysis of the defendant’s case
and an analysis of the decision of the court in a report that should not exceed 2500 (+/-10%) words. The
task will assume your knowledge of the content covered in module 1.1 to 4.2 and particularly that which
may be relevant to the case/scenario given. You may also choose to read a copy of any relevant law report
elating to the case/scenario for greater detail. Links to the law reports are provided in the task.
Video Presentation
You will also be required make a joint video presentation of not more than seven minutes, where each
student will present their analyses in summary form, so that the completed presentation will have the
arguments made from the plaintiff’s perspective, arguments made from the defendant’s perspective and
the ultimate findings of the court. You will be expected to detail the different circumstances, perspectives
and arguments of the parties to the court action and describe the judgement of the court as well as the
court’s reasoning on which the judgement is based (the ratio decidendi).
Written report
The collective written report is to be handed in by each student in class with a clear indication of the role
that they have taken in the group task. The completed report will have the arguments made from the
plaintiff’s perspective, arguments made from the defendant’s perspective and the ultimate findings of the
court. All of the individual reports for a particular group are to be collated into and handed in together as
one group report, with a cover sheet reflecting the names of the students in the group.
The written reports will be assessed as a group.
Your analysis should refer to appropriate cases and statutes, where applicable and be referenced using
the APA Referencing style. Please see more information on referencing here
https:
li
ary.to
ens.edu.au/academicskills/apa/tool
Submission Instructions
Please submit this task via the Assessment 3 link in the main navigation menu in LAW600 – Business and
Corporations Law by 11.55 AEST Sunday of Week 8 of the relevant trimester. The Learning Facilitator will
provide feedback via the Grade Centre in the LMS portal. Feedback can be viewed in My Grades.
Academic Integrity
All students are responsible for ensuring that all work submitted is their own and is appropriately
eferenced and academically written according to the Academic Writing Guide. Students also need to have
ead and be aware of To
ens University Australia Academic Integrity Policy and Procedure and subsequent
penalties for academic misconduct. These are viewable online.
Students also must keep a copy of all submitted material and any assessment drafts.
https:
li
ary.to
ens.edu.au/academicskills/apa/tool
https:
laureate-au.blackboard.com/webapps
lackboard/content/listContent.jsp?course_id=_20163_1&content_id=_2498847_1&mode=reset
http:
www.to
ens.edu.au/policies-and-forms
LAW600 Assessment 3 Group Case Study and Presentation

Special Consideration
To apply for special consideration for a modification to an assessment or exam due to unexpected or
extenuating circumstances, please consult the Assessment Policy for Higher Education Coursework and
ELICOS and, if applicable to your circumstance, submit a completed Application for Assessment Special
Consideration Form to your Learning Facilitator
Assessment Task
Please select one of the following three cases for purposes of your group task. You will be required to select
only one of the three cases below and prepare a group written report and a video presentation as instructed
above. In the alternative, each group may, in consultation and agreement with the Learning Facilitator, select
a specific leading case from a topical area in modules 1-4 for purposes of written analysis and video
presentation.
1) On 16 December 2016 the Australian Competition & Consumer Commission put out a media release in
espect of the decision of the Full Federal Court to uphold an appeal by the Australian Competition and
Consumer Commission against the penalty imposed on Reckitt Benckiser (Australia) Pty Ltd for
contravening the Australian Consumer Law (ACL). The relevant case is Australian Competition and
Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181. Read the relevant court
decision and prepare the written report and video presentation as instructed above.
2) In the case of Gambotto v WCP XXXXXXXXXXCLR 432 the High Court of Australia held that where the
change in the constitution of a company affected a minority, it would be valid if it is for a proper purpose,
and fair in all the circumstances. Read the relevant court decision and prepare the written report and
video presentation as instructed above.
3) In the case of Andar Transport Pty Ltd v Brambles Limited [2004] HCA 28 the High Court of Australia
addressed the matter “was complicated by the fact that a director employee of the company who was
suing another company for damages as a result of an injury which he had suffered, was treated as quite
distinct from the company which he effectively ran, in evaluating a claim for contributory negligence by
the defendant.” (Australian Institute of Company Directors, XXXXXXXXXXRead the relevant court decision and
prepare the written report and video presentation as instructed above and in relation to the
complicating issue above.
https:
laureate-au.blackboard.com
cswebdav/xid-4650246_1
https:
laureate-au.blackboard.com
cswebdav/xid-4650246_1
https:
laureate-au.blackboard.com
cswebdav/xid-4652143_1
https:
laureate-au.blackboard.com
cswebdav/xid-4652143_1
https:
www.accc.gov.au/media-release/full-federal-court-orders-6-million-penalty-for-nurofen-specific-pain-products#:~:text=On%2029%20April%202016%2C%20the,decision%20on%2023%20May%202016.
https:
jade.io/article/509235?at.hl=accc+Reckitt+Benckiser+(Australia)+Pty+Ltd
https:
jade.io/article/509235?at.hl=accc+Reckitt+Benckiser+(Australia)+Pty+Ltd
http:
www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1995/12.html?stem=0&synonyms=0&query=title(Gambotto%20and%20WCP%20)
https:
jade.io/article/68473
http:
www.companydirectors.com.au/director-resource-centre/publications/company-director-magazine/2000-to-2009-back-editions/2004/octobe
when-companies-experience-an-identity-crisis-law-reporte

Page 5 of 6
Assessment Ru
ic
Criteria Fail
0-49%
Pass
50-64%
Credit
65-74%
Distinction
75-84%
High Distinction
85-100%
Identification of legal
issues
10%
Little or no relevant issues
identified and discussed.
Limited relevant issues
identified and discussed.
Majority of relevant issues
identified and discussed.
Identification of most
elevant legal issues.
Comprehensive and concise
identification of all relevant legal
issues.
Identification of the
elevant law

20%
Misstatement or minimal
statement of the relevant
legal rule.
Limited identification of
elevant legal rules.
Identification of most legal rules
and/ or some rules lack proper
legal reference.
Identification of most
elevant and applicable legal
ules that that include
proper legal reference.
Comprehensive and concise
identification and discussion of all
elevant legal rules that include
proper legal reference.
Application of the
elevant law to the facts


40%

Mistaken or lack of
application of law to the
fact scenario. References
to case law and or
legislation are absent or
inaccurate
Satisfactory application of
law to the fact scenario.
There are some
eferences to case law
and or legislation, but
they are not always
suitably deployed or
cited.
Good application of law to the
fact scenario although in some
areas,
Answered Same Day Jul 19, 2022

Solution

Tanmoy answered on Jul 19 2022
84 Votes
Gambotto v WCP Ltd (1995) 182 CLR 432.        4
GAMBOTTO v WCP LTD (1995) 182 CLR 432.
Table of Contents
Introduction    3
Analysis    3
Conclusion    5
References    7
Introduction
    The case law we will discuss in the analysis will be the famous case of Gambotto v WCP Ltd (1995) 182 CLR 432. This case law has been identified as a significant proceeding in the business law practices in the country of Australia. In this case, initially the judge of the Australia court declared the bylaws of the company invalid. This was due to the fact that the bylaws insisted the principal or majority stakeholders of the WCP company to induce the acquisition or seizing the shares from the minority shareholders of the company. WCP was a limited liability company and had 16980031 ordinary shares issued as ordinary share capital. Further, the majority shareholders held 16929441 shares which was 99.7% of the total share capital of the company. On the other hand, the minority shareholders held 50590 shares of which 15898 shares raised objections and appealed to the court of law for not allowing the company to acquire their shares forcefully and provide the same to the majority shareholders.
Analysis
    The decision of the High Court of Australia with respect to the case of Gambotto v WCP Ltd was striking as it helped to implement a new policy which was rigorous in nature and also helped in examining the credibility of such alterations which was made in the Article of Association as well as the Memorandum of Association of WCP Ltd. According to the Gambotto v WCP Ltd, the High Court of Australia nullified any forms of alternations in the Article of Association or constitution of the company – WCP Ltd where it was permitted the majority shareholders of the company to purchase the shares or expropriate the shares of the minority shareholders.
    Later the High Court judge identified as well as supported the...
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