https://cdn.fbsbx.com/v/t59.2708-21/294592007_608104650665147_3905925355181575450_n.pdf/Law1234.pdf?_nc_cat=102&ccb=1-7&_nc_sid=0cab14&_nc_ohc=AkjjyMNOStEAX_BNQFJ&_nc_ht=cdn.fbsbx.com&oh=03_AVLYl3PmShzPM7Sa6TvjAoZVO-9cCrYr0lQRQYpuYeP53A&oe=62D768ED&dl=1LAW600 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. b) 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, review relevant legal sources, propose suitable outcomes to related problems and identify possible challenges to any proposed outcomes d) Apply knowledge based analytical, deductive and critical reasoning 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 reasoning 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 referred 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 referred 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 relating 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://library.torrens.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 referenced and academically written according to the Academic Writing Guide. Students also need to have read and be aware of Torrens 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://library.torrens.edu.au/academicskills/apa/tool https://laureate-au.blackboard.com/webapps/blackboard/content/listContent.jsp?course_id=_20163_1&content_id=_2498847_1&mode=reset http://www.torrens.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 respect 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 (1995) 182 CLR 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, 2004). Read 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/bbcswebdav/xid-4650246_1 https://laureate-au.blackboard.com/bbcswebdav/xid-4650246_1 https://laureate-au.blackboard.com/bbcswebdav/xid-4652143_1 https://laureate-au.blackboard.com/bbcswebdav/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/october/when-companies-experience-an-identity-crisis-law-reporter Page 5 of 6 Assessment Rubric 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 relevant legal issues. Comprehensive and concise identification of all relevant legal issues. Identification of the relevant law 20% Misstatement or minimal statement of the relevant legal rule. Limited identification of relevant legal rules. Identification of most legal rules and/ or some rules lack proper legal reference. Identification of most relevant and applicable legal rules that that include proper legal reference. Comprehensive and concise identification and discussion of all relevant legal rules that include proper legal reference. Application of the relevant 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 references 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,