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What do the terms good faith- and best interests of the company mean as they are used in the Corporations Act 2001 (ON,

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LAW00004 — Company Law
Assessment Details: Research Assignment
Session 2 2017
Due: 4th September 2017
Length: 2,400 wonis
Weighting: 50,
Submission method: turnitin
In a proceeding on behalf of a company the terms good faith and -in the best ,nterests of the company. are used to authorise a Court to grant an application.
With reference to the above statement, case law and the Corporations legislation answer the following:
(a) What do the terms good faith- and best interests of the company mean as they are used in the Corporations Act 2001 (ON,
(b) Do the expressions best interests of the company and in the interests of the company as a vvhole mean the same thing?
Total (50 marks)
-Please ensure you read and understand the materials regarding Assessment 1: Research Assignment on pages 8 — 11 of the Unit Information Guide.
Marking criteria
Important information:
You am advised to consider the following information carefully before starting your
assignment.
The assignment will be marked according to the following criteria:
Research (40%)
You am expected to demonstrate a comprehensive review of the prim, law sources (legislation, case law) as well as an adequate review of second, sources (for example textbooks, journal articles, case commentary, explanatory memoranda, Law Reform Commission reports). Your research should be used to identify and clearly state the relevant issues and legal principles and support your analysis.
Analysis (50%)
You are expected to analyse the information gathered and evaluate the relevant legal principles. You are also expected to demonstrate a logical development of your argument through clear analysis and by applying relevant legal principles to the resolution of the issue(s). Your analysis should also:
• integrate and evaluate relevant knowledge from the material covered in this unit;
• develop and sustain a concise and convincing legal argument through to a logical conclusion; and
• importantly, answer the specific question asked.
Technical aspects (10%)
You Mt expected to:
o Correctly reference and acknowledge sources. Please note the reference system adopted in this assignment can be either the AGLC 3 (Austral. Guide to Legal Citation 3rd ed) or the Harvard referencing system. The refemncing system adopted must be used correctly and consistently;
o use fluent, clear, concise writing that contains clear expression, correct grammar, syntax, sentence structure and spelling; and
o use headings and subheadings (whem appropriate), an introduction, conclusion and bibliography or reference section.
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