Discuss and critically analyse the court

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Reference no: EM131979854 , Length:

Instructions: Please read and re-read carefully to avoid mistakes.

1. Research on an Australian case (ideally not more than 10 years old since the decision by the Court) involving breach of company director's/officer's duties under the Corporations Act 2001 (Cth).

2. Group report: Write a report outlining the following:
a. Case introduction.

b. The duties/responsibilities breached (ex. CA sections 181 or 588G) and explain why the duties were breached.

c. Discuss and critically ANALYSE the court/tribunal decision and the reason for the decision in view of the Corporations Act.

d. Where possible and applicable, the relevance of the decision to the development of Australian corporations law or the impact of the decision on the operation of companies in Australia.

3. Group report must be submitted via SafeAssign on Blackboard.
4. Group presentation: Present the report in class or video recording. Your lecturer will advise which is more appropriate.

a. If in-class presentation, all members must present on the day. If video presentation, groups must show to the satisfaction of the lecturer that all group members made a reasonable contribution to the group work.

b. Non-compliance with this requirement will result in a failing mark or a fail will be recorded.

5. Video link must be uploaded to a publicly-viewable video sharing platform (ex. Youtube, Dropbox, Google drive) and the video link uploaded on Blackboard.

Attachment:- CASE IDEAS.rar

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The report is a detailed discussion on the liquidator's responsibility towards the appointed organisation. The report takes into consideration the case of Asden Developments Pty Ltd (Asden) v Dinoris where an $236,500 were withdrawn without proper explanation from the liquidator appointed or the directors. The case also highlights the fact that the transaction even though made 2 days before the announcement of liquidation the liquidator appointed failed to take any measure for the same. The court gave the decision that there was a breach of 180(1) of the Corporations Act. This highlights the responsibility of a liquidator regarding the background of the organisation. However, the court also pointed out the fact the responsibility is not always of the liquidator as the presence of unrevealed property also result in damages to the organisation.

Reference no: EM131979854

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len1979854

5/12/2018 1:48:16 AM

This is a group assignment. Students are to form groups, with a minimum of 3 and a maximum of 5 students per group. The assignment consists of 2 parts: a 2,000 word report (maximum) and an 8-10 minutes (maximum) in-class or video presentation. • You must email your lecturer your chosen case and list of group members by week 5. You must obtain approval from your lecturer of your case before starting work on it. Please note: failure to obtain lecturer approval will result in a failing mark for the entire group for the group assignment. • All group report submissions must be de done online and run through SafeAssign. No hard copies are to be submitted. Only one group member needs to submit for the whole group. • Please fill in the “Rubric Group Report” sheet (available in Blackboard under “Assignments and Due dates) and attach as a cover sheet to your group report and upload on Blackboard.

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