Subject Title Business Law and Governance Subject Code MGT809 Lecturer / Tutor Karen-Anne Nathan & Dr Stephen Treloar Semester February 2021 Assessment Title Governance Case Study Learning Outcome/s...

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Subject Title Business Law and Governance Subject Code MGT809 Lecturer / Tutor Karen-Anne Nathan & Dr Stephen Treloar Semester February 2021 Assessment Title Governance Case Study Learning Outcome/s a, b, c, d Assessment type (group or individual) Individual Assignment Weighting 50% Word count 3,000 words Due date 11:55pm Sunday of Week 7 (28 March 2021) Class submission Lecture☐Tutorial Submission type Paper copy☐Turnitin√ Format / Layout of Assessment (details of what to include) (cross the appropriate check boxes) Report: ICMS Cover Page Table of Contents Synopsis / Executive Summary Introduction Findings Conclusion Recommendations Reference List Appendices X X X X X X X X X ASSESSMENT TEMPLATE Page 1 of 7 Essay: ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ICMS Cover Page Abstract Introduction Body Conclusion Recommendations Reference List Appendices Oral Presentation: Paper submission ☐ PowerPoint submission ☐ Peer review (group presentation) ☐ Reference List ☐ Other: (outline specific details here – use check boxes) Assessment instructions (clear, succinct, without repetition) Please ensure that you have ticked off the checklist before submission to Turnitin. Readings for the assessment (instructions where they can be found e.g. MyAthens database, Moodle etc.) Relevant readings from databases relevant to your company search and from links provided on Moodle. Grading Criteria / Rubric See attached rubric on Moodle Peer Review Evaluation (group work – optional) Not Applicable Governance Case Study The purpose of this case study is to test your understanding of business law and corporate governance in the Australian legal system. You are expected to refer to the Corporations Act 2001 (Cth) and any other relevant case law in the analysis of your case study. Topic Choose a company that has been affected by scandals or corporate collapse in Australia in the last few years. The word limit is 3,000. Your assignment should: 1. provide a summary of what occurred and who was responsible; 2. identify the legal, ethical and governance issues arising from the scandals or collapse; 3. critically analyse implications of the scandals or corporate collapse for organisational stakeholders and the company; and 4. outline why and how as a company director you could have avoided the situation. General Guide 1. You need to consider Australian laws only. 2. It is advisable that you identify a company to research as soon as you can. By doing that you will be able to start writing your assignment. 3. Please read the referencing guidelines on Moodle and use correct citation to avoid plagiarism. Refer to ICMS policy on plagiarism policy. 4. Use the APA style of referencing 5. There are some few useful links on corporate governance on Moodle. However, you are expected to find other useful sources as evidence of research. These include cases and legislation (primary sources), journal articles, industry publications and any other submissions to government (secondary sources). 6. This is an individual research and you are expected to display your own opinion. 7. You are advised to use the ICMS cover page for assignment submission. 8. Ensure that you have ticked off the checklist on the assessment template before you submit to Turnitin. 9. Please refer to the rubric to ensure that you have addressed the criteria 10. Due date is 28 March 2021. Please submit to Turnitin. 11. Failure to submit on the due date will incur penalties. Please refer to the ICMS policy on late submissions. Marking Rubric for Assignment MGT809 Criteria Weighting Fail <50% 50%-64% pass- 65-74% credit 75-84% distinction 85-100% hd knowledge of the relevant governance, ethical and legal issues 40% no evidence of knowledge of or familiarity with the issues. few or no issues have been adequately applied to the problem. evidence of some relevant disciplinary knowledge is not sufficient. discusses the issues but with a few errors or omissions. identifies and explains some key issues in depth. accurately discusses the issues with minor errors/ omissions applies relevant evidence of all key issues and explains where necessary. appropriately applies all the relevant issues supported by evidence. displays high level understanding and application of all the issues strong evidence of excellent disciplinary knowledge of all the issues and explains them in depth. critical analysis of the concepts and legal issues or problems and the implications 30% creates no or little connection between evidence and argument. correctly identifies issues/problems with insufficient personal views. effectively analyses a majority of issues or problems. effectively analyses all the arguments, applies and applies a deeper critical evaluation of all relevant, key aspects of a problem or issue and conveys their complexity. does not clearly or correctly identify or define/explain an issue or problem. no sound analysis of a problem / issue using appropriate concepts. connection between the argument and evidence is not clear. does not explain the implications. provides own views and there is sufficient connection between the argument, the evidence and the implications. evaluates a majority of sources where necessary. provides a strong argument supported by evidence and the implications. presents a strong argument that is well- supported by appropriate evidence, and/or research. evidence is clearly evaluated and linked to the argument and the implications. structure and organisation of ideas 20% the structure of the essay is unclear and lacks coherence. limited connection of ideas between paragraphs. the thesis structure is mostly clear. the structure of the essay is clear and logical. the structure of the essay is exceptionally clear, flows logically and persuasively. there is no logical progression and arguments lack cohesion. some arguments do not flow logically. few ideas and paragraphs are not linked. paragraphs are ordered and linked together. states all ideas /arguments very clearly. some paragraphs are under developed and ideas are not sufficiently connected. overall the structure could be improved. states ideas /arguments very clearly. there is more cohesion. the presentation is excellent and professional. the presentation is largely inaccurate which detracts from readability communication and accurate referencing 10% does not state aim, ideas and information clearly and precisely in appropriate language. grammatical/spelling errors make sentences unclear. does not reference sources appropriately/ missing citations. aim, ideas and information are developing. uses repetitive words and long sentences. few spelling, grammatical and citation errors. expresses aim, ideas and information clearly, and language is appropriate. almost free of spelling/grammar or citation errors. expresses aim, ideas and information clearly, and language appropriate. free of spelling/grammar or citation errors. the language is concise and meaningful. consistently expresses aim, ideas, arguments and information clearly, precisely and concisely. communication is fluent, polished and professional. uses a wide range of sources effectively and references them accurately. 50%-64%="" pass-="" 65-74%="" credit="" 75-84%="" distinction="" 85-100%="" hd="" knowledge="" of="" the="" relevant="" governance,="" ethical="" and="" legal="" issues="" 40%="" no="" evidence="" of="" knowledge="" of="" or="" familiarity="" with="" the="" issues.="" few="" or="" no="" issues="" have="" been="" adequately="" applied="" to="" the="" problem.="" evidence="" of="" some="" relevant="" disciplinary="" knowledge="" is="" not="" sufficient.="" discusses="" the="" issues="" but="" with="" a="" few="" errors="" or="" omissions.="" identifies="" and="" explains="" some="" key="" issues="" in="" depth.="" accurately="" discusses="" the="" issues="" with="" minor="" errors/="" omissions="" applies="" relevant="" evidence="" of="" all="" key="" issues="" and="" explains="" where="" necessary.="" appropriately="" applies="" all="" the="" relevant="" issues="" supported="" by="" evidence.="" displays="" high="" level="" understanding="" and="" application="" of="" all="" the="" issues="" strong="" evidence="" of="" excellent="" disciplinary="" knowledge="" of="" all="" the="" issues="" and="" explains="" them="" in="" depth.="" critical="" analysis="" of="" the="" concepts="" and="" legal="" issues="" or="" problems="" and="" the="" implications="" 30%="" creates="" no="" or="" little="" connection="" between="" evidence="" and="" argument.="" correctly="" identifies="" issues/problems="" with="" insufficient="" personal="" views.="" effectively="" analyses="" a="" majority="" of="" issues="" or="" problems.="" effectively="" analyses="" all="" the="" arguments,="" applies="" and="" applies="" a="" deeper="" critical="" evaluation="" of="" all="" relevant,="" key="" aspects="" of="" a="" problem="" or="" issue="" and="" conveys="" their="" complexity.="" does="" not="" clearly="" or="" correctly="" identify="" or="" define/explain="" an="" issue="" or="" problem.="" no="" sound="" analysis="" of="" a="" problem="" issue="" using="" appropriate="" concepts.="" connection="" between="" the="" argument="" and="" evidence="" is="" not="" clear.="" does="" not="" explain="" the="" implications.="" provides="" own="" views="" and="" there="" is="" sufficient="" connection="" between="" the="" argument,="" the="" evidence="" and="" the="" implications.="" evaluates="" a="" majority="" of="" sources="" where="" necessary.="" provides="" a="" strong="" argument="" supported="" by="" evidence="" and="" the="" implications.="" presents="" a="" strong="" argument="" that="" is="" well-="" supported="" by="" appropriate="" evidence,="" and/or="" research.="" evidence="" is="" clearly="" evaluated="" and="" linked="" to="" the="" argument="" and="" the="" implications.="" structure="" and="" organisation="" of="" ideas="" 20%="" the="" structure="" of="" the="" essay="" is="" unclear="" and="" lacks="" coherence.="" limited="" connection="" of="" ideas="" between="" paragraphs.="" the="" thesis="" structure="" is="" mostly="" clear.="" the="" structure="" of="" the="" essay="" is="" clear="" and="" logical.="" the="" structure="" of="" the="" essay="" is="" exceptionally="" clear,="" flows="" logically="" and="" persuasively.="" there="" is="" no="" logical="" progression="" and="" arguments="" lack="" cohesion.="" some="" arguments="" do="" not="" flow="" logically.="" few="" ideas="" and="" paragraphs="" are="" not="" linked.="" paragraphs="" are="" ordered="" and="" linked="" together.="" states="" all="" ideas="" arguments="" very="" clearly.="" some="" paragraphs="" are="" under="" developed="" and="" ideas="" are="" not="" sufficiently="" connected.="" overall="" the="" structure="" could="" be="" improved.="" states="" ideas="" arguments="" very="" clearly.="" there="" is="" more="" cohesion.="" the="" presentation="" is="" excellent="" and="" professional.="" the="" presentation="" is="" largely="" inaccurate="" which="" detracts="" from="" readability="" communication="" and="" accurate="" referencing="" 10%="" does="" not="" state="" aim,="" ideas="" and="" information="" clearly="" and="" precisely="" in="" appropriate="" language.="" grammatical/spelling="" errors="" make="" sentences="" unclear.="" does="" not="" reference="" sources="" appropriately/="" missing="" citations.="" aim,="" ideas="" and="" information="" are="" developing.="" uses="" repetitive="" words="" and="" long="" sentences.="" few="" spelling,="" grammatical="" and="" citation="" errors.="" expresses="" aim,="" ideas="" and="" information="" clearly,="" and="" language="" is="" appropriate.="" almost="" free="" of="" spelling/grammar="" or="" citation="" errors.="" expresses="" aim,="" ideas="" and="" information="" clearly,="" and="" language="" appropriate.="" free="" of="" spelling/grammar="" or="" citation="" errors.="" the="" language="" is="" concise="" and="" meaningful.="" consistently="" expresses="" aim,="" ideas,="" arguments="" and="" information="" clearly,="" precisely="" and="" concisely.="" communication="" is="" fluent,="" polished="" and="" professional.="" uses="" a="" wide="" range="" of="" sources="" effectively="" and="" references="" them="">
Answered 2 days AfterMar 23, 2021MGT809ICMS (International College of Management Sydney)

Answer To: Subject Title Business Law and Governance Subject Code MGT809 Lecturer / Tutor Karen-Anne Nathan &...

Hartirath answered on Mar 26 2021
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Contents
Introduction    2
Body    2
Provide the summary of the case and who was responsible    2
Summary of what occurred    5
Who was responsible?    6
Identify legal, governance, and ethical issues arising from the collapse    7
Analyze the implication of collapse to the organizational stakeholders    10
Why and how as a company director avoid this situation    11
Recommendations    12
Conclusion    12
References    14
Introduction
It was a "Harris scarf" company that manufactures products such as company management, boots, kitchen utensils, clothing for men, clothing for women, and other electrical control products. The following collapse cases selected were also accompanied by mism
anagement of the company, as was the case with the Commission. As a result of the previous depression, it is not surprising that the supervisor gets most of the attention. There are many issues related to the scholarship/supervisor, such as internal control, scholarship committee, scientific research, and legal responsibilities of the scholarship, which are arranged to find out where the injustice originated. By focusing on the case of a squirrel scarf that collapsed in 2001, this treatise also argued between the loss of the enterprise and the role of the squirrel. I'm squirreling about the relationship.
Body
Provide the summary of the case and who was responsible
The company scandal in Australia in 2000 shook public self-assurance or trust in the accounting as well as auditing business. As a result, the audit business decided to test all policies and procedures to know the root causes of such scandals, namely the occurrence of breaches because of weak audit committees, internal control, ethical issues, absences, etc. The following discussion uses the Harris Scarfe case in 2001 to explore the meaning of corporate failure.
Harris Scarfe Limited did not suffer a severe refusal only, however also had a bad impact on the auditing and accounting industries. But, before discussing the root causes or measures taken; let us initially discuss the issues behind this collapse (Böhm et al., 2016). The company's March stock positions in the market caused conflict. The main causes for its decline are the default settings of the business records and the portrayal of fraudulent expressions to its stakeholders. The main question is why the association has never been involved in some financial issues, but suddenly announced a voluntary statement in 2001 because of cash flow issues. The conflicting statement to explain this is that Hodgson has done some things that have been recorded, which has driven up its stock price and caused profits to roll over (Lennox & Park, 2007). However, when the transaction did not proceed, he began to make larger inputs, and this continuity caused cash flow problems. The company allegedly fraudulently represented higher profits. Therefore, we want to know those duties that lack ethical standards and professionalism. Nevertheless, our discussion needs audit problems associated with such crashes (Melnik & Vabyshchevich, 2020). Therefore, let us use such a company scandal to discuss audit issues:
1. Audit Committee: The audit committee is answerable for helping the BOD in handling the financial data disclosed in the economic reports, preparing and introducing some financial information, as well as supervising and helping the audit group in its work. They are liable for advising the board of directors to fulfill their responsibilities to shareholders by providing the board of directors with all important information about the company in which they invest, whether it is financial or trust, and both (Neal & Short, 2018). It is mainly liable for making decisions, for instance, the nomination of auditors, the scope of responsibility of management, etc. It meets regularly with a team of external auditors to review its progress, discover and resolve their conflicts and doubts with management. The basic need for an audit team is to have three to five independent directors.
Harris Scarfe Limited has experienced Australia's biggest corporate failures, with approximate debts of $270 million. Undoubtedly, the outcomes of this fall down have harmed the accounting profession and auditing profession in Australia (Shyra, 2020). In Australia at the time, in the 2000s and early 2001, there were other crashes. For example, the failures of HIH Insurance, Ansett Australia, and OneTel all occurred repeatedly in a short time in the early 2000s. One of the main points in the recent debates about company failures and accounting scandals is that structures are needed to ensure that financial statements contain reliable decision-making information. The survey revealed that the main cause of the collapse was the gap in expectations. The term covers a huge variety of problems associated with corporate governance as well as the independence of auditors. The main concentration of this article is to provide a scope for research in this field by reviewing issues for instance audit committees, auditor independence, legal responsibilities, and ethics associated with Harris Scarf. Additionally, it will also discuss how regulators including the Australian Parliamentary Investigation, Ramsey Report, ASX and CLERP 9 can reduce the expectation gap moreover prevent any form of fraud (Suprianto et al., 2017). Finally, the revision and new implementation of the "Company Law Economic Reform Plan" will be explained. The company selected for the analysis of the cooperative bankruptcy or scandal is "Harris Scarf." Before entering the company's closed department, it is important to discuss the actual situation and operating conditions of the company. Mainly because managers missed management, leading to company or enterprise bankruptcy. When company managers do not perform their duties and tasks, the company will slowly lose money, and the company will fail over time.
The Harris scarf is a famous department store established in South Australia in 1849. The association’s headquarters are mainly in Australia. The business serves consumers with better products and standards (Urif, 2015). The company is a department store that mainly sells products such as kitchenware, electrical appliances, and other clothing. When the company started operations, the scale was small, but as time passed, the company developed and expanded its product line. Additionally, there were 54 Harris Krafts (two formats) at the time. These two stores are the "Department Store of Harris Scarf" and the other is the "Home of Harris Scarf". Through mergers and acquisitions, the company's business will face growth and development. In 2010, the company acquired another company that helped them grow (Wu et al., 2014). Also, the early history of the company shows that the company has more than 2,000 employees and owns many other products such as household goods, sports, and footwear, handbags, women's clothing, luggage, men's clothing, as well as several electronic products.
Summary of what occurred
The company faces various problems related to management responsibilities and control. Mainly, the downtime of the "Harris scarf" started when the top management checked the audit committee or internal control system. When the "Harris Scarf" business went bankrupt, other famous companies went bankrupt, for instance, OneTel, Ansett Australia, and HIH Insurance. The most significant thing in maintaining the...
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