You may elect to write about one (1) of the following topics.

Topic 1

‘The prevalence and impact of phoenix activity are difficult to determine, but even conservative estimates suggest that it is a significant issue … The costs of phoenix activity range from nearly $1.8 billion to nearly $3.2 billion per annum …’ (Australian Government, Productivity Commission Draft Report, ‘Business Set-up, Transfer and Closure’, May 2015, p 381.)

Discuss, by specific references to statute, case law and secondary sources, how well Australian corporate law deals with ‘phoenix activity’ and those who are responsible for it.

or …

Topic 2

‘[T]he Commission recommends the introduction of “safe harbour” provisions for company directors, such that they would be able to undertake formal restructuring activities without liability for insolvent trading.’ (Australian Government, Productivity Commission Draft Report, ‘Business Set-up, Transfer and Closure’, May 2015, p 21.)

Discuss, by specific references to statute, case law and secondary sources, whether you agree or disagree with the above recommendation (and why).

CRITERIA:

• Demonstrates an understanding of relevant legal issues and business / corporate structures
• Identification of relevant legal sources in relation to the topic for discussion. Breadth of research effort.
• Criteria analysis of and reflection upon the laws effectiveness in respect of the elected topic for discussion

Structure:

Intro: – General statement

• Essay statement

Body : – Topic sentence (parag 1)

• Support
• Support
• Support

Concluding sentences

Topic sentence (parag 2)

• Support
• Support
• Support

Concluding sentences

Topic sentence (parag 3)

• Support
• Support
• Support

Concluding sentences

Conclusion: – Restate main points

– Final comments

Note: the body is the longest part of the essay and can contain as many paragraph as necessary to support the controlling idea of essay statement.