BFA726 Workshop 11

Some material about the exam structure

Some practice theory questions

BFA726 Workshop 11 Simone Bingham

Any final questions about the

Assessment Task 3?

This is due 9th October at 2.00pm

BFA726 Workshop 11

The Exam
The

Exam is on the 24th October at 1.00pm in

the Activities Centre

You

may take in your Corporations legislation

but nothing else

Your

legislation may have tabs that state the

number of the section and the name of the
section but nothing else.

You
I

can underline and highlight as well

will not be there for the start of the exam

BFA726 Workshop 11

The Exam

The Exam is divided into two sections

Part A
Has

seven theory type questions

You

must answer three questions and each question is worth 16

marks

Total

Part B
Has

four practical type questions

You

must answer two questions and each question is worth 26 marks

Total

marks you can obtain for part A is 48 marks

marks you can obtain for Part B is 52 marks

The exam will be marked out of 100 and is worth 60% of your marks for
the unit

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The Exam timing

This is a three hour exam 3 x 60 minutes = 180 minutes

Part A - you MUST answer three questions, each worth 16 marks ( 3 x 16 = 48 marks)

So you must spend roughly 29 minutes on each Question in Part A

Part B - you MUST answer two questions, each worth 26 marks (2 x 26 52 marks)

You will earn more marks from attempting to answer the five questions than spending
too long on answering only 3 or 4 questions so good time management in the exam is
essential
Question

BFA726 Workshop 11

Time Allocated

Part A question

29 minutes

Part A question

29 minutes

Part A question

29 minutes

Part B question

46 minutes

Part B question

46 minutes

Total Time

179 minutes

Another Way to set out Problem Solving Answers

The text book contains some good tips of studying

Pages xiv to xix

It sets out a framework as well for setting out an answer to a practical problem,
so the Part B questions. We will work on those next week but here is the
framework they suggest. This is another way of setting out an answer, using PIRAC
is another

The Issue

Relevant Law

Main Legal Principle

Arguments on the facts

Supporting Cases

Second Principle and Opposing Argument

Application of the Second Principle

Conclusion

BFA726 Workshop 11

Answering Theory Questions

You

have been working on the theory all semester as part of

the answers you need to develop, prepare and answer the
workshop questions

What

you have not done yet though is specifically consider

how to answer theory type questions.

What

we are going to do today is look at some theory

questions and work in groups to answer them

Many

of these questions come straight from the text book.

Please

understand and be aware that by the provision of

these questions I am NOT making any statements or
guarantees that the Part A questions that appear on the
exam this year come only from these questions!

BFA726 Workshop 11

Some Theory Questions

Questions from Chapter 5
1.

2.

3.

Why does the Corporations Act

2001 (Cth) require that
companies comply with internal
rules and what can these
internal rules be comprised of?
What two factors affect the
exact source of those rules?

Questions from Chapter 6

1.

Who can be a director of a

company in Australia and how
can a director be removed from
office?

2.

Briefly describe the role of:

In what circumstances would

you advise a proprietary
company to adopt a
constitution?
Explain how a companys
constitution can be changed?

BFA726 Workshop 11

3.

An executive director

A non-executive director

The chair

An audit committee

What are the duties of a

company secretary? Do all
companies have to appoint a
company secretary?

Some Theory Questions

Questions from Chapter 7
1.

Described the two ways in which a

company may enter into a contract with
an outsider?

2.

Why was the company in CrabtreeVickers Pty Ltd V Australia Direct Mail
Advertising & Addressing Co Pty Ltd
(1975) CLR 72 not bound by the contract?
Does the current statutory provisions
overcome this decision? Give reasons.

3.

Why does both the common law and that

Corporations Act 2001 (Cth) provide
outsiders with protection when they enter
into contract with corporations? Outline
the major common law and statutory
protection that is provided to outsiders.
BFA726 Workshop 11

Questions for Chapter 9

1.

What rights does ownership of

a share give the holder?

2.

Can companies restrict a

members rights to transfer
shares? If so what mechanisms
can a company use to restrict
share transfer and what can a
new member do should a
company refuse to register her
as the new owner of shares?

3.

What would just cause for the

refusal to register a transfer of
shares?
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Some Theory Questions

From Chapter 14
1.

2.

3.

Explain the difference between

a members derivative right
and personal rights?
In what kinds of situations is a
member likely to be successful
in obtaining relief from
oppression under Pt 2.F.1?
Identify some of the
circumstances which may form
the basis for winding up order
under s461(1)?

BFA726 Workshop 11

From Chapter 12
1.

Explain what is a fiduciary

and why directors are
fiduciaries?

2.

Why is a director required

to act for proper purpose?

3.

What is meant by the duty

to act in good faith , as
required by section 181 of
the Corporations Act?
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Some Theory Questions

From Chapter 21
1.

Certain offers of securities do not require a disclosure

document (see s708). Explain the rationale behind these
exclusions and give examples.

2.

In general terms, what information must a prospectus

contain? How does this differ from the information
required for an offer information statement?

3.

Who can be liable for misleading and deceptive conduct in

relation to disclosure documents?

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Workshop

Noon to 12.30pm Simone speaking about exam and theory questions

12.30 to 1.40pm you should read all the questions through and decide on one
question and get into a group with one or two other students

12.40pm to 1.30pm spend 40 - 50 minutes in that group working out a good

answer to that question

Having done so , one member from each group MAY come up and present it

If I am quick enough I can type up notes and whatever notes I can type I am
happy to put on MyLO, knowing that the notes just represent what students
have put together

No one needs to do a presentation, totally voluntary

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Next week and beyond!!!

Is

our last workshop

Please

bring your legislation and your text book

and be prepared to engage in some class
corporate law problem solving.

will be available for student consult between

now and the 23 October but please email me to
make a time so I can ensure I am in my office.

Please

do not forgot to fill out the eVALuate for

the unit

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