In a proceeding on behalf of a company the terms ‘good faith’ and “in the best interests of the company” are used to authorise a Court to grant an application. Required With reference to the above statement, case law and the Corporations legislation answer the following: (a) What do the terms ‘good faith” and ‘best interests of the company’ mean as they are used in the Corporations Act 2001 (Cth)? (b) Do the expressions ‘best interests of the company’ and ‘in the interests of the company as a whole’ mean the same thing? Total (50 marks) *Please ensure you read and understand the materials regarding ‘Assessment 1: Research Assignment’ on pages 8 – 11 of the Unit Information Guide. Page 2 of 2 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 secondary sources (for example textbooks, journal articles, case commentary, explanatory memoranda, Law Reform Commission reports). Your research should be used to identify and clearly state the relevant issues and legal principles and support your analysis. Analysis (50%) You are expected to analyse the information gathered and evaluate the relevant legal principles. You are also expected to demonstrate a logical development of your argument through clear analysis and by applying relevant legal principles to the resolution of the 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 argument through to a logical conclusion; and importantly, answer the specific question asked. Technical aspects (10%) You are expected to: o Correctly reference and acknowledge sources. Please note the reference system adopted in this assignment can be either the AGLC 3 (Australian Guide to Legal Citation 3rd ed) or the Harvard referencing system. The referencing system adopted must be used correctly and consistently; o use fluent, clear, concise writing that contains clear expression, correct grammar, syntax, sentence structure and spelling; and o use headings and subheadings (where appropriate), an introduction, conclusion and bibliography or reference section.
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