Assignment 1: Mini Research paper and presentation: ASIC as a Corporate Check and Balance

Objectives:

Appreciate the need to prevent and regulate unconscionable corporate conduct.

Appreciate the investigative role of ASIC in investigating unscrupulous corporate

conduct/behaviour.

Appreciating the role of ASIC in promoting corporate accountability and responsibility.

Evaluating the legal and non-legal rules -to what extent does it effectively support the role of

ASIC

Learning outcomes:

Understand the role and function of ASIC.

Understand the Corporate legal and non-legal rules that regulate corporate behaviour and

corporate accountability.

Identify gaps in Corporate Law, if any in dealing with unscrupulous corporate

conduct/behaviour.

Appreciate and identify the challenges faced by ASIC as a corporate regulator.

Appreciate the need for Corporate Law reform.

Mode:

Groups of three

As this is a group assignment, it is important that all group members contribute. Groups will

have marks deducted where it is found that group members did not work co-operatively.

There will be situations when in the work force where, although, you may not get along with

someone, you will still need to continue maintaining a professional relationship and working

with them. This is an important skill to have.

Role:

You have been selected as an intern at ASIC and have been requested to write a research

paper on an ongoing ASIC investigation and to present to the ASIC Board

Total marks: 20

Paper:

15 marks (2,500 words) Due Friday 5:00PM Week 7

If there are remarks pertaining to a member and/or members who have not contributed

according to the proposed plan or have caused difficulty in submitting the assignment to

satisfactory quality or in a timely manner, the lecturer will have discretion to make

adjustment to the marks of the particular member/s.

PowerPoint Presentation: To be conducted in class Week 8

5 marks (if there are remarks that some group members have not contributed to this component or

have not contributed according to the group proposed agreement, the member may not receive the

same marks as the other members).

This will be a 10 minute PowerPoint Blackboard Collaborate presentation by all members of the

group. As time management is one of the criteria of assessment for this component, students must

be able to demonstrate the ability to report the topic succinctly with effective slides that aid the

presentation. It is important to rehearse the presentation so there is a smooth flow and transition

from one member to the other. All members must be present during the presentation regardless of

whether one or two members are not presenting. If a member does not attend the presentation, no

marks will be awarded unless satisfactory reasons are provided.

Do not report on all that you have learnt from the research. Be selective of the sub-topics and

remember to maintain the central discussion on the following, inter alia,:

Role of ASIC on the topic chosen.

The Corporations Law on point.

Your opinion on the law and proposals for reform.

Tasks for Assignment 1 include:

1. Navigate through the ASIC website and select an ongoing corporate investigation by ASIC.

Cite references to the ASIC website.

2. Understand the facts of the investigation and explain the background of the contentious

issues. Who are the parties concerned? You may choose to research on all the {Corporate

issues under investigation or identify salient issues for purposes of this research paper.

3. Identify the legal content of corporate law issues.

4. How is ASIC investigating this matter? How does the law empower ASIC to be an effective

corporate regulator?

5. Is Corporations Law and/or other related laws/regulations sufficient for ASIC to successfully

investigate and make the corporate entity/persons liable?

6. What can be done to improve the position of ASIC in corporate investigate and in attaching

liability to potential corporate breaches of law? Proposals for reform.

7. Reference to other resources and/or initiatives taken to supplement ASIC website

references.