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Business law refers to the laws that apply to different business establishments, such as partnerships and corporations. It broadly varies from starting a small business, to selling the business. The main aim of business laws are to promote fair process and practice of business.

Sample Question answered by our Business Law Assignment Expert in Australia

Write a report outlining the following:

  • Case introduction.
  • Outline the duties/responsibilities (eg CA s. 181) breached and explain why the duties were breached.
  • Discuss and critically ANALYSE the court/tribunal decision and the reason for the decision in view of the Corporations Act.
  • Present the report in class or video recording. Your lecturer will advise which is appropriate. All members must present on the day or a fail will be recorded. Presentations will be of a maximum of 5 minutes.

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Maximum word limit – 2,000 words

Answer: Case introduction:

The main issue in the case is related to the duties of directors in making disclosures about funding and related matters. Australian Securities and Investments Commission (ASIC) started proceedings against Padbury Mining Ltd. (Padbury) and its two directors, managing director Gary Stokes and executive director and chairman Terence Quinn on the basis of the announcement made in April 2014 about the multibillion dollar funding deal for the Oakajee port and rail project in the region of Western Australia. The announcement was made that the company has secured $6 billion through funding for the project. The agreement for funding was entered into by Padbury with Superkite Pty Ltd and Alliance Super Holdings Pty Ltd. When an enquiry was initiated by ASIC and Australian Stock Exchange (ASX), Padbury announced in late April 2014 about the termination of the funding agreement. In the action in the Federal Court of Australia, ASIC alleged that:

  • The funding agreement was subject to condition precedent that was not met when the announcement about it was made. The condition precedent that was needed to be fulfilled was that Padbury had to procure approximately $ 1.3 billion in demand guarantees in three tranches.
  • There was breach of continuous disclosure obligations as the fact that the condition precedent was not satisfied was not disclosed as well as the identity of the funding providers was also not disclosed.
  • Also there was breach on part of the company as it failed to verify independently whether the funding providers had the capacity to provide the funds or not. The directors were involved in the breach by the company of its continuous disclosure obligations and thereby breached their own continuous disclosure obligations in the Corporations Act.

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