BLAW1002 - SEMESTER 2 2021 STUDENT INSTRUCTIONS AND CASE STUDY

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Assessment Questions Read the Commonwealth Bank of Australia: Rogue One case study and answer the following questions:

1. The following areas of law are relevant to this case study: Corporations Law, Financial Law, Administrative Law, Criminal Law, Competition and consumer Law, Contract Law, Property Law, Tort Law. With reference to the facts in the case study, describe how four (4) of these areas would apply to bring justice to those who have been wronged by the conduct of CFPL?

2. The media played an important role in exposing the fraud in CFPL. Discuss the role of the media in promoting good governance in Australia. Are there factors which limit its effectiveness?

3. What is the business structure utilised by CBA and what are its main features? How does the principle of separate legal existence apply to prevent the directors, employees and shareholders of CBA from being personally liable to the clients of CFPL for the impropriety that has occurred here?

4. What business risks were ignored by the CBA/CFPL executives, and what compliance and risk management processes could have been put in place to alleviate the risks that the conduct of Dodgy Don and the other unconscionable financial planners presented?