LAW7402 - Commercial and Corporate Practice

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Introduction

Welcome to the Commercial and Corporate Practice Unit in the Graduate Diploma in Legal Practice, Skills & Ethics Course.

Purpose

In this Unit you will be provided with an overview of some basic principles in commercial and corporate practice. The topics covered in this Unit represent foundation topics and provide useful examples and practical application opportunities of basic business principles in legal practice.

Time Investment

You will need to commit approximately 120 hours to working on this Unit. This includes the time that you will need to spend

online - reading, completing activities, visiting websites and participating in the Unit discussion forum
offline - researching in your organisation, completing activities and thinking.

Learning outcomes

This Unit is about developing your practical legal skills of interviewing, drafting and advising in various commercial transactions most commonly associated with ordinary business activities.

At the successful completion of this Unit you should be able to

take full and accurate instructions and identify and consider a client's commercial needs
advise a client on factors which should be considered in the establishment of a suitable legal entity, including the tax implications of various business structures
complete the processes involved in registering and changing the details of registration of a business
register a company and complete relevant application forms with ASIC
advise a client in relation to directors' duties
take full and accurate instructions for both the sale/purchase of a business
advise on factors which should be considered in the sale of a business, including the tax implications arising from the sale of a business.

Modules

This Unit is divided into 7 Modules. If you click on any of the titles below it will take you to a brief introduction for that Module.

Teaching staff

This Unit is taught by Claire Smith and she can help you with your enquiries in regards to the content or assessment of this Unit. You can contact Claire by email.

Attendance

You must attend all face to face sessions to pass this Unit. If you have any difficulties in attending please contact Claire as soon as possible.

Other

If you have any other enquiries please contact the following

Administrative - please contact Wendy Panaccio, Manager, Postgraduate Programs
Technology - please contact the Webmanager

Assessment

Assessment overview

If you have any academic questions with respect to this assessment, please email Claire Smith. If your question is administrative in nature please contact either Wendy Panaccio, (Manager, Postgraduate Programs) or Gaye Lansdell (Course Convener).
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Please note that assessments handed in late are subject to a penalty of 10% per day from both the skill (where appropriate) and the content. Please consult the Course Handbook provided in hardcopy at the commencement of the online course about assessment regulations.

Resources

You will find a range of useful resources available to help you in this Unit including

If you find any resources that you think might be helpful for this Unit can you please email your teacher with the details.

Plagiarism

The University applies strict policies on plagiarism. If a piece of assessable work contains significant plagiarised material it may be graded at zero. Furthermore, conscious or intentional copying can be regarded as cheating and dealt with under the University’s Disciplinary Procedures. It is also an offence for a student to permit their work to be copied by another student for submission.

It is critically important that graduates do not plagiarise. The program emphasises professional ethics and plagiarism by a solicitor has been treated as grounds for suspension from practice.

You must therefore take particular care that all the work you submit for assessment is genuinely your own work (apart from legitimate legal sources such as precedents). You are encouraged to discuss the requirements of an assessable task with your colleagues but the final product submitted must be your own.

You should bear in mind that your instructor is reading a relatively small number of pieces of work and improper similarities between the work of two or more graduates are strikingly obvious.

You should also bear in mind that it is improper to allow your work to be copied and both the copier and the copy-ee may receive a zero grade for the work.

Worksite

If you are an enrolled student you can now enter the Unit worksite by clicking on the link "Go to the online resources" in the blue box at the top right hand side of this page. Once you have logged in using your Monash "Authcate" password you will go to the Unit Organiser.