Topic*

The assignment statement is as follows:

"Whether the purpose of [a] director in exercising his [or her] powers and discharging his [or her] duties was improper depends on the purpose, which the person exercising the power, has. It is the person's purpose that has to be assessed. The assessment of whether that purpose was improper is objective." 3

Required

With reference to the above statement, the Corporations Act 2001 (Cth) and relevant case law discuss the following:

What do the terms 'good faith" and "for a proper purpose" mean as they are used in section 181 of the Corporations Act 2001 (Cth)?In your answer discuss the role of the terms 'good faith" and "for a proper purpose" as statutory mechanisms to facilitate corporate governance.

Total (50 marks)

1 The assignment may be submitted up until 11:59pm on the due date.2 The word count can be exceeded by 100 words only. 3 ASIC v Flugge & Geary [2016] VSC 779 [1974] (Robson J).

Page 2 of 2

Please note the material on pages 8 - 10 of the Unit Information Guide regarding the Assessment.

Marking criteria

Important information: You are advised to consider the following information carefully before starting your assignment.

The assignment will be marked according to the following criteria.

Research (40%) You are expected to demonstrate a comprehensive review of the primary law sources (legislation, case law) as well as an adequate review of relevant secondary sources (for example journal articles, case commentary, explanatory memoranda, Law Reform Commission reports and textbooks. Your research should be used to identify and clearly state the relevant issues and legal principles that support your analysis.

Analysis (50%) You are expected to analyse the information gathered through your research and evaluate the relevant legal principles. You are expected to develop your argument logically through clear analysis and apply relevant legal principles to the resolution of 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 discussion through to a logical conclusion; and importantly, answer the specific question asked.

Technical aspects (10%)

You are expected to:

correctly reference and acknowledge sources. Please note the reference system adopted in this assignment can be either the AGLC 4 (Australian Guide to Legal Citation 4th ed) or the Harvard referencing system. The referencing system adopted must be used correctly and consistently; use fluent, clear, concise writing that contains clear expression, correct grammar, syntax, sentence structure and spelling; use headings and subheadings (where appropriate); and use an appropriate structure - for example use an introduction, body, conclusion and bibliography