Management of a corporation is usually conferred upon the directors acting collectively. However, an individual director may often get involved in particular matters outside the context of a board meeting and outside any formal delegation.
With reference to the above statement; the Corporations Act 2001 (Cth); relevant case law and secondary material, consider:
(a) generally the directors’ duties of care and diligence; and
(b) specifically the concept of a shadow director.

 

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 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 argument