成人大片

Name: Associate Professor Suzanne Le Mire (course co-ordinator)

Location: Room 3.28, Ligertwood Building

Telephone: 8313 0102

email: suzanne.lemire@adelaide.edu.au   

On successful completion of this course, students will be able to:

1. Identify and explain the role of corporate gatekeepers in addressing the legal and ethical dimensions of real world corporate problems in written and oral work;
2. Analyse and synthesise research sources, theory, legal and ethical principles, legislation and case law in relation to real life corporate problems in oral and written outcomes;
3. Report on research findings and conclusions in an academically appropriate style and manner.

The Course Materials set for each week (required reading is contained in the reading brick) must be brought to class every week. They will be referred to continuously.

These resources are available at the ICC, or electronic copies are available via MyUni.

• Gideon Haigh, Asbestos House (Scribe, Melbourne, 2006)
• John Coffee Jr, Gatekeepers: The Professions and Corporate Governance (OUP, Oxford, 2006)
• Jean Jacques du Plessis, Anil Hargovan and Mirko Bagaric, Principles of Contemporary Corporate Governance (4th ed, Cambridge University Press, Melbourne, 2017)
• Micklethwait and Wooldridge, The Company: A Short History of a Revolutionary Idea (Modern Library, New York, 2003)

• John Farrar, Corporate Governance in Australia and New Zealand, (2^nd ed, OUP, Melbourne, 2001)
• Elizabeth Boros and John Duns,  Corporate Law (2^nd ed, OUP, Melbourne, 2010)
• RP Austin and IM Ramsay, Ford’s Principles of Corporations Law (15^th ed, LexisNexis, Chatswood NSW, 2012)
• Paul Redmond, Companies and Securities Law: Commentary and Materials (5^th ed, Lawbook Co, Sydney, 2013)
• Joan Loughrey, Corporate Lawyers and Corporate Governance (Cambridge University Press, Cambridge, 2011)
• Matt Peacock, Killer Company: James Hardie Exposed (ABC Books, Pymble, Sydney, 2009)
• Caroline Overingtion, Kickback: Inside the Australian Wheatboard Scandal ((Allen and Unwin, Crows Nest, NSW, 2007)

MyUni will be used to post announcements, additional lecture materials (including slides, and where available, recordings of lectures) and announce assignment tasks. It will also contain electronic copies of the Course Profile and Course Materials. â脗聙¨Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.

Students should also regularly check their email.

This course will be taught in a three hour block. This will include some short lectures, but predominantly involve large and small group discussion and activities in which students will be required to discuss, debate and defend their analysis of the relevant material set in the
course readings. It is absolutely critical that students have undertaken the reading before coming to class each week.

In the Learning Guide each week there are discussion questions, activities and problems that will be used in class.

Contact time: three hours/week. This amounts to 36 hours of formal class time across the semester.

Preparation time: In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assignments. The University expects full time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies.

Schedule

Week	Topic	Assessment
1	The role of the corporate gatekeeper: a regulatory perspective
2	Regulatory instruments: Soft law: guidelines and codes of conduct
3	External gatekeepers: ASIC
4	External gatekeepers: ASIC and others
5	Auditors
6	Institutional Investors
7	Ratings Agencies
8	Stock exchanges	Portfolio: due Tuesday week 8 at 2 pm
9	Internal monitors: Directors and Officers
10	Lawyers
11	External Administrators
12	Review week	Take home exam: due Wednesday week 13 at 2 pm

Assessment Task	Task Type	Due	Weighting	Learning Outcome	Redeemable
Class Participation	Individual		10%	1-3	No
Portfolio	Individual	Portfolio Tuesday Weeek 8	30% (optional)	1-3	Yes
Final Assignment	Individual	Monday Week 13	60-90%	1-3	No

Class Participation (10%)
The rules and expectations for the Class Participation mark will be released and explained in Week 1. Generally, students will be expected to participate in large group discussions, small group discussions, and activelycontribute to a number of small group exercises throughout the course. Students must attend 9/12 classes to pass the class participation.

Portfolio (30%):
For this redeemable piece of assessment due in week 8, students select a current or recent topic of interest and collect a portfolio of media commentary about that topic.  The collection will be submitted with a 1500 word paper that responds to the following:


Final Assignment (60% or 90%)
The take home exam consists of two questions of equal value. One will be an essay-type question and one a legal problem.  They could raise any topic covered in the course. The maximum word count will be 3000 words.

Unless otherwise advised, all assessment must be submitted electronically via Turnitin by the due date. This means that all papers will be electronically checked for plagiarism. 


Extensions

Extensions beyond the due date will only be granted in the case of serious and unforeseen incapacity. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are NOT unexpected circumstances. If you require an extension, you will need to
use the on-line application form available on the law school website (http://www.law.adelaide.edu.au/student/forms/) as soon as you are aware of the need for an extension, andbefore the due date of the assignment.

The course coordinator will reply by email, determining whether an extension is warranted,
what evidence is required to verify the student’s incapacity, and the length of the extension. Evidence of the incapacity must be submitted with the assignment, and must be consistent with details in the email requesting the extension. If the details of the request for an extension, and the medical or other evidence verifying the extension are not consistent in all respects, the extension is
nullified, and the assignment may be penalised. 

All written work in the Law school is required to comply with the approved Law School style
guide, the Australian Guide to LegalCitation.

Penalties:

1.    Late Submission:
5% of the total mark possible will be deducted for every 24 hours or part thereof that submission is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An assignment that is more than 24 hours late will lose 10%, etc. Hard copy submissions made after 5.00pm on a Friday will be assumed to have been submitted on the next business day and will be penalised accordingly. 

2.    Word Length:
Assignments which exceed the allocated length (word length ) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 1,250, an essay graded 63% will have 5% deducted if it is 1,251 words long, for a final grade of 58%, 10% if it is 1,351 words long, etc). Words are calculated including all footnotes and headings within the text but
excluding cover page information. Quotations and all referencing information
are included in the word count.

3.     Failure to lodge a hard copy with a Turnitin receipt will mean that your assignment has not been validly submitted and a special penalty
of 5% may be applied.

Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

• assurance of the qualifications of markers, and their knowledge of the content covered in each course;
• detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
• sharing of example marked assessments at various grade bands across markers;
• reviewing of selected marked assessments from each marker by the course coordinator;
• comparison of the marks and their distribution across markers;
• automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
• the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

The provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the 成人大片.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program

Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our , and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support

The University’s service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.

Academic Honesty

Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.

Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.