ENTREP 3007 - Legal Aspects Entrepreneurship
North Terrace Campus - Semester 1 - 2017
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General Course Information
Course Details
Course Code ENTREP 3007 Course Legal Aspects Entrepreneurship Coordinating Unit Entrepreneurship, Commercialisation & Innov Centre Term Semester 1 Level Undergraduate Location/s North Terrace Campus Units 3 Contact Intensive: 36 to 40 hours Available for Study Abroad and Exchange Y Assessment individual assignments, presentation, quiz Course Staff
Course Coordinator: Dr Gary Hancock
Program Director Contact Details:
Entrepreneurship & Innovation
Name: Dr Gary Hancock
Email: gary.hancock@adelaide.edu.au
Teaching Staff:
Semester 1
Name: Bill McFarlane
Short Bio:Bill is a registered patent and trade marks attorney with a range of knowledge and experience in the areas of physics, electrical and electronic engineering, and computing. Bill has been in the profession for over 25 years and became a partner of Madderns in 1996. He is a Member of Engineers Australia. Bill has worked as an engineer in the South Australian Police Force, designing radio communications systems, and has also worked for world-leading communications company, Motorola.Bill is involved in the drafting and prosecution of patent and trade mark matters in Australia and overseas. He travels overseas on a regular basis to attend conferences and visit corporate clients, keeping them up-to-date with Australian IP trends and reporting their progress in various litigation and opposition matters for which he is responsible.He has a particular interest in the Start-Up community having been involved in eChallenge as lecturer, as well as a finals judge, Innovyz Start consultant, as well as attending Start-up Weekends and various community spaces devoted to software development and business enterprises.He is also passionate about the training of attorneys and was a tutor and awarded Fellowship of the Academy of Education of the Institute of Patent and Trade Mark Attorneys of Australia, which involved teaching the skill of drafting patent specifications to trainee patent attorneys and also, along with fellow tutors, setting and examining the examinations for qualification as a patent attorney in Australia in the patent drafting subject.
Email: bill.mcfarlane@adelaide.edu.au
Course Timetable
The full timetable of all activities for this course can be accessed from .
Opening intensive:
Wednesday 8th, Thursday 9th and Friday 10th March 2017
9am - 6pm
Marjoribanks, 126, SANTOS Lecture Theatre
Closing intensive:
Wednesday 5th, Thursday 6th and Friday 7th April 2017
9am to 6pm
Marjoribanks, 126, SANTOS Lecture Theatre -
Learning Outcomes
Course Learning Outcomes
On successful completion of this course, students will be able to:
1 Identify legal issues in commercial scenarios 2 Articulate practical skills for setting up and running a new venture 3 Apply critical thinking and problem solving skills 4 Demonstrate a high level of literacy and to verbally communicate information and ideas effectively 5 Develop a practical legal strategy for a new venture University Graduate Attributes
This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:
University Graduate Attribute Course Learning Outcome(s) Critical thinking and problem solving
- steeped in research methods and rigor
- based on empirical evidence and the scientific approach to knowledge development
- demonstrated through appropriate and relevant assessment
3, 4, 5 Teamwork and communication skills
- developed from, with, and via the SGDE
- honed through assessment and practice throughout the program of studies
- encouraged and valued in all aspects of learning
1, 3, 4, 5 Career and leadership readiness
- technology savvy
- professional and, where relevant, fully accredited
- forward thinking and well informed
- tested and validated by work based experiences
1, 2, 3, 5 Intercultural and ethical competency
- adept at operating in other cultures
- comfortable with different nationalities and social contexts
- able to determine and contribute to desirable social outcomes
- demonstrated by study abroad or with an understanding of indigenous knowledges
1, 5 Self-awareness and emotional intelligence
- a capacity for self-reflection and a willingness to engage in self-appraisal
- open to objective and constructive feedback from supervisors and peers
- able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
1, 3, 4, 5 -
Learning Resources
Required Resources
No required textbook.Recommended Resources
Library Resources
The 成人大片’s Barr Smith Library provides a range of learning resources including texts, journals, periodicals, magazines, and access to online databases and information services. It also offers a virtual library which is accessible via the University’s website. .Online Learning
is the 成人大片's online learning environment. It is used to support traditional face-to-face lectures, tutorials and workshops at the University. MyUni provides access to various features including announcements, course materials, discussion boards and assessments for each online course of study. -
Learning & Teaching Activities
Learning & Teaching Modes
This course is offered in blended learning mode with the face-to-face component offered as intensives.
Workload
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
As a guide, a 3 unit course comprises a total of 156 hours work (this includes face-to-face contact, any online components, and self directed study).
Learning Activities Summary
This is a draft schedule and session dates are a guide only. The timetable may be changed during the course delivery if necessary.
Learning Activities Summary Intensive Content Readings 1 Introduction to the Legal System in Australia
Legel Entities
Definintion of Intellectual Property
Patents, Trade Marks, Designs
Trade Secrets
Other IP Copyright, Circuit Protection, Plant Varieties
Inventorship/Authorship
Practical Exercise to consider the application of IP to a start-Up senario2 Business Structures:
Sole Proprietorship
Partnership
Company (various types)
Constitution
Shares
Issued Capital
Shareholders Agreement
Establishment
Directors Duties
Board of Directors
Trusts (various types)
Joint Venture
Asset Protection
Guarantees
Vendor Finance
On-Line Business
Workshop3 Agency arrangements
Distribution arrangements
Licensing arrangements
Due Diligence
Contracts
Heads of agreement
Contracts going wrong
Competition and consumer protection and ACCC
anticompetitive behaviour
misleading and deceptive conduct
unconscionable conduct
consumer guarantees
consumer warranties against defects
unfair contract laws
other laws affecting offering of goods and services
Tender process
Franchises
Workshop4 Accountancy
Record Keeping and Systems Investment Funds handling Taxation Payroll
GST (applying and paying)
PAYG
Capital Gains
Policies and Procedures
Government Schemes R&D Tax EMDG, etc.
Employment
OH&S
Fair Work & Bullying
Discrimination
Hiring and Firing
Terms of Engagement
Contractors5 Insurance
IP insurance
Office Equipment (leased/owned/borrowed)
Data (Cloud/Local Servers)
Software functionality (when it goes wrong)
Key Person
Directors
Staff
Public liability
Product liability
Disclosure requirements
Reporting Incidents
Record Keeping6 Revision Day
Various Entrepreneurs
How did they deal with various legal issues?
How and when to get advice?
How do you choose an advisor?
Review of Examination -
Assessment
The University's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
Assessment Summary
An overview of the course assessment appears in the following Table. Details appear in the following section:# Assessment Task Task Type Length Weight Learning Outcomes 1a Quiz Individual 15% 1b Group Presentation Group 15% 2 Exam Individual 2 hours 35% 3 Written Paper Individual 2000 words max. 35% Total 100% Assessment Related Requirements
Students must complete all course assessment requirements and must attend lectures to be eligible to pass the course.
Course results are subject to moderation by the ECIC Board of Examiners
Assessment Detail
Assessment 1: Quiz and Group Presentation
Weighting: 15% Quiz; 15% Group Presentation
Submission Details: In class
Task:
Students should study and be prepared to be quizzed on Chapters 10, 11 and 12 (materials featured in Company
Law I, II and III) of the Chandran textbook. The Quiz is multiple choice.
After the quiz, groups of 2-3 students make a dynamic and effective presentation of Company Law principles covered by the quiz questions (questions selected by Lecturer) in the form of discussion and analysis during the course lecture.
Helpful visuals should be used to illustrate or clarify the key points of the presentation.
An organized team approach is critical. The overall objective is to present the underlying principles of Company Law clearly as a team, in an enthusiastic and positive manner.
Scope:
This assignment will assess primarily your ability to prepare class materials in advance without the assistance of the Lecturer
and communicate and make a clear presentation while working as a team, and teach your classmates certain principles of Company law.
Length and Presentation:
This will vary by team. It is recommended that all team members address the class during the presentation. Reasonable and appropriate visual aids are necessary.
Criteria by which your assignment will be marked:
Quiz will be scored based on correct answers.
Presentation include: demonstration of knowledge of the Company Law principles and question(s) assigned, responsiveness to Lecturer’s instructions and guidance provided during preparation, team work as well as individual contribution, presentation
skills, clarity of expression, proper use of the English language (spelling, grammar, syntax), organization and neatness, creativity.
Assessment 2: Written Examination
Weighting: 35%
Submission Details: Closed book examination
Task:
30-50 multiple choice and short answer questions covering all course topics and material
Scope:
This assignment will assess your familiarity with, and understanding of, the course materials.
Length and Presentation:
2 hour examination
Criteria by which your assignment will be marked:
Correct answers will score points
Assessment 3: Written Paper
Weighting: 35%
Submission Details: Online through MyUni PLUS email to Lecturer to ensure receipt
Task:
Written paper in response to the following two hypothetical questions (answer both questions):
HYPO1: Tom is the owner of a house near the stadium where the rugby league Grand Final is to be played. The match is to be played on Sunday 6 October 2002. On the 1 June 2002 Tom contracts with Bill for the construction of a balcony on his house to enable Tom and his guests to view the grand final. The guests are business associates of Tom’s and he hopes the function will create good will and generate more business. A reasonable time to complete the work would have been two months. At the end of August Bill had made no progress with the work. Tom cancelled Bill’s contract and had the work completed by Ray at an additional cost of $20,000. In addition, because there was doubt if Ray could finish on time Tom cancelled a catering contract and served his guests only meat pies and beer. The cost of the cancelled catering contract was $5,000. In addition Tom considers himself to have lost future business as a result of poor quality function. Tom now wishes to recover these losses from Bill. Advise him of his prospect of success citing the relevant principles.
HYPO 2: John is a keen amateur sailor. He commissions the construction of a yacht from Pacific Yachts. The plans call for the provision of 5mm reinforcing of the deck at the points where the rigging joins the deck. To save construction costs, Pacific Yachts supplied only 3mm reinforcing. John sailed the yacht for eight years and then in a heavy storm the rigging pulled away from the deck causing the mast to fall. John’s yacht was badly damaged. Before the rigging could be cut free, Peter motored past on his jet ski and collided with the submerged rigging causing serious injury to him. Do Peter and John have a cause of action and if so against whom? Consider all possibilities, including relevant defences to be raised.
Scope:
This assignment will assess your understanding of the course topics with a legal focus, namely, contract and tort law, and your ability to organize and express a legal argument.
Length and Presentation:
1500 to 2000 words
Criteria by which your assignment will be marked:
Ability to identify and apply legal principles and materials presented in the course, complete coverage of issues presented, logical development of legal argument, clarity of expression, proper use of the English language (spelling, grammar, syntax), and citation to appropriate cases and references.
Submission
All text based assignments must be submitted via MyUni.
Please refer to step by step instructions:
There are a few points to note about the submission of assignments:
- Assignment Submission: Assignments should not be emailed to the instructor; they must be lodged via the MyUni Course site (unless specified to do both). Note that assignments may be processed via TURNITIN, which is an online plagiarism prevention tool.
- Cover Sheet: Please submit, separate to your assignment, the completed 成人大片 Assessment Cover Sheet providing details of yourself and your team members (if applicable), your assignment, the course, date submitted, etc. as well as the declaration signed by you that this is your (your team’s) work. Note that the declaration on any electronically submitted assignment will be deemed to have the same authority as a signed declaration.
- Backup Copy of Assignments: You are advised to keep a copy of your assignments in case the submitted copy goes missing. Please ensure that all assignment pages are numbered. If your assignment contains confidential information, you should discuss any concerns with the Course Lecturer prior to submission.
- Extensions of Time: Any request for an extension of time for the submission of an assignment should be made well before the due date of the assignment to the Course Lecturer. Normally, extensions will only be granted for a maximum of two weeks from the original assignment submission date. Extensions will only be granted in cases of genuine extenuating circumstances and proof, such as a doctor’s certificate, may be required.
- Failure to submit: Failure to submit an assignment on time or by the agreed extension deadline may result in penalties and may incur a fail grade. Note that a late penalty of 5% of the total available marks for that assessment item will be incurred each day an assignment is handed in late (Unless otherwise stated in 'Assessment Related Requirements' or 'Assessment Detail' above). Assignments handed in after 14 days from the due submission date will fail even if a 100% mark is granted for the work.
Resubmission & Remarking
Resubmission of an assignment for remarking after reworking it to obtain a better mark will not normally be accepted. Approval for resubmission will only be granted on medical or compassionate grounds.Course Grading
Grades for your performance in this course will be awarded in accordance with the following scheme:
M10 (Coursework Mark Scheme) Grade Mark Description FNS Fail No Submission F 1-49 Fail P 50-64 Pass C 65-74 Credit D 75-84 Distinction HD 85-100 High Distinction CN Continuing NFE No Formal Examination RP Result Pending Further details of the grades/results can be obtained from Examinations.
Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.
Final results for this course will be made available through .
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Student Feedback
The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.
SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.
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Student Support
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Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangements Policy
- Academic Integrity Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs Policy
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- Coursework Academic Programs Policy
- Intellectual Property Policy
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- Modified Arrangements for Coursework Assessment Policy
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- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
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