General Information
Start-Up Law is an elective subject in postgraduate programs offered by the Faculty of Law in which undergraduate students may be permitted to enrol. This subject examines the possible legal issues arising in the lifecycle of a typical emerging growth (ie new technology) start-up venture from inception to securing financing and implementing expansion plans. This course studies the legal issues, typical documentation, and skills needed by an advisor to start-up ventures. It covers the theoretical framework and the legal aspects of start-up ventures and provides exposure to legal professionals who have worked with start-ups, successful software tech/biotech/fintech companies, venture capital, and angel investors. There will be transnational and global comparisons of the legal and business environments for start-up ventures.
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Details
Academic unit: Faculty of Law Subject code: LAWS17-573 Subject title: Start-Up Law Subject level: Undergraduate Semester/Year: September 2018 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Intensive Workload items: - Seminar: x1 (Total hours: 4) - Seminar - Week 5
- Seminar: x1 (Total hours: 16) - Seminar - Week 7
- Seminar: x1 (Total hours: 4) - Seminar - Week 6
- Personal Study Hours: x12 (Total hours: 96) - Recommended Study Hours
Attendance and learning activities: Attendance at all seminars is compulsory. No exceptions will be made. Please review timetable schedule and make sure you can commit before enrolling. All seminars will involve a participatory activity to demonstrate class participation. There will be 1x take-home exam and 1x group (2-3 people) oral case-study presentation. -
Resources
Prescribed resources: No Prescribed resources.
After enrolment, students can check the Books and Tools area in iLearn for the full Resource List.iLearn@Bond & Email: iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
| Academic unit: | Faculty of Law |
|---|---|
| Subject code: | LAWS17-573 |
| Subject title: | Start-Up Law |
| Subject level: | Undergraduate |
| Semester/Year: | September 2018 |
| Credit points: | 10.000 |
| Timetable: | https://bond.edu.au/timetable |
|---|---|
| Delivery mode: | Intensive |
| Workload items: |
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| Attendance and learning activities: | Attendance at all seminars is compulsory. No exceptions will be made. Please review timetable schedule and make sure you can commit before enrolling. All seminars will involve a participatory activity to demonstrate class participation. There will be 1x take-home exam and 1x group (2-3 people) oral case-study presentation. |
| Prescribed resources: | No Prescribed resources. After enrolment, students can check the Books and Tools area in iLearn for the full Resource List. |
|---|---|
| iLearn@Bond & Email: | iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au |
Enrolment requirements
| Requisites: |
Nil |
|---|---|
| Assumed knowledge: |
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge. Admission into a Bachelor law degree OR Bachelor of Laws combined degree OR approved Study Abroad or Exchange law student AND have completed a minimum 120 Credit Points of LAWS subjects AND have a minimum average of 65% in LAWS subjects |
| Restrictions: |
Nil |
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Demonstrate knowledge of: (a) the start-up ecosystem in Australia and how this compares with other countries; (b) the relevant skills that professional advisors will need to counsel start-up ventures; (c) the types of legal structures for start-up ventures; including tax considerations, governance and management of start-up ventures; (d) the challenges that start-up ventures face in seeking funding, protecting intellectual property, recruiting and retaining talented employees, and expanding and developing sales channels and how those challenges can be addressed; and (e) the impact that key legal decisions and their implementation can have on start-up ventures.
- Demonstrate the reasoning, research and communication skills to: (a) effectively provide solutions for problems and issues encountered by start-up ventures and explain those solutions coherently in both written and oral form; (b) correctly apply legal theory and principles to real-world scenarios; (c) critique, reflect upon and evaluate the impact of various laws and policies on start-up ecosystems around the world; and (d) design appropriate strategies to help clients formulate and implement their start-up venture plans.
- Demonstrate the ability to apply the above knowledge and skills: (a) with creativity and initiative to new situations; and (b) with high level personal autonomy and accountability.
Generative Artificial Intelligence in Assessment
The University acknowledges that Generative Artificial Intelligence (Gen-AI) tools are an important facet of contemporary life. Their use in assessment is considered in line with students’ development of the skills and knowledge which demonstrate learning outcomes and underpin study and career success. Instructions on the use of Gen-AI are given for each assessment task; it is your responsibility to adhere to these instructions.
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Assessment details
Type Task % Timing* Outcomes assessed Presentation§^ Students will be required to get into groups of 2-3 by the end of the first seminar in week 5. They will be assigned a case study and will be required to deliver a 15-minute oral presentation to discuss the issues in their case study. Presentations will be delivered at the weekend intensive in week 7. This assessment will focus on teamwork and the skills required for effective oral communication of legal issues that arise in a commercial context. 25% Week 7 1,2,3 Take-home Examination^ Students are required to submit their answers to an online take-home exam which will be released on Friday 9am (Wk 9) and due Monday 5pm (Wk 10). This assessment will require students to demonstrate their ability to identify relevant legal issues, develop the most appropriate solutions and review, critique and draft clauses in the principal agreements commonly used by start-up ventures. 60% Week 10 1,2,3 *Class Participation^ Students are required to attend all seminars which will be run in weeks 5 and 6 and a weekend intensive in week 7. Participatory activities will take place in the seminars to highlight the importance of communication as well as the impact that key legal decisions and their implementation can have on start-up ventures. 15% Ongoing 1,2,3 - ^ Students must pass this assessment to pass the subject
- § Indicates group/teamwork-based assessment
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
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Assessment criteria
Assessment criteria
High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment. Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
| Type | Task | % | Timing* | Outcomes assessed |
|---|---|---|---|---|
| Presentation§^ | Students will be required to get into groups of 2-3 by the end of the first seminar in week 5. They will be assigned a case study and will be required to deliver a 15-minute oral presentation to discuss the issues in their case study. Presentations will be delivered at the weekend intensive in week 7. This assessment will focus on teamwork and the skills required for effective oral communication of legal issues that arise in a commercial context. | 25% | Week 7 | 1,2,3 |
| Take-home Examination^ | Students are required to submit their answers to an online take-home exam which will be released on Friday 9am (Wk 9) and due Monday 5pm (Wk 10). This assessment will require students to demonstrate their ability to identify relevant legal issues, develop the most appropriate solutions and review, critique and draft clauses in the principal agreements commonly used by start-up ventures. | 60% | Week 10 | 1,2,3 |
| *Class Participation^ | Students are required to attend all seminars which will be run in weeks 5 and 6 and a weekend intensive in week 7. Participatory activities will take place in the seminars to highlight the importance of communication as well as the impact that key legal decisions and their implementation can have on start-up ventures. | 15% | Ongoing | 1,2,3 |
- ^ Students must pass this assessment to pass the subject
- § Indicates group/teamwork-based assessment
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
Assessment criteria
| High Distinction | 85-100 | Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. |
|---|---|---|
| Distinction | 75-84 | Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. |
| Credit | 65-74 | Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. |
| Pass | 50-64 | Usually awarded to students whose performance meets the requirements set for work provided for assessment. |
| Fail | 0-49 | Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. |
Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Study Information
Submission procedures
Students must check the iLearn@Bond subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Academic Integrity
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Bond University utilises Originality Reporting software to inform academic integrity.Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
Accessibility and Inclusion Support
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
Additional subject information
IMPORTANT: Successful completion of this law elective cannot be credited towards future postgraduate studies.
Subject curriculum
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Start-up ecosystem
- Overview of start-up venture life cycle, including kinds of funding models - Australia’s start-up ecosystem compared to other countries - Key assistance schemes, regional schemes, industry groups - Role of professional advisors; advising the entrepreneurial client.
SLOs included
- Demonstrate knowledge of: (a) the start-up ecosystem in Australia and how this compares with other countries; (b) the relevant skills that professional advisors will need to counsel start-up ventures; (c) the types of legal structures for start-up ventures; including tax considerations, governance and management of start-up ventures; (d) the challenges that start-up ventures face in seeking funding, protecting intellectual property, recruiting and retaining talented employees, and expanding and developing sales channels and how those challenges can be addressed; and (e) the impact that key legal decisions and their implementation can have on start-up ventures.
- Demonstrate the reasoning, research and communication skills to: (a) effectively provide solutions for problems and issues encountered by start-up ventures and explain those solutions coherently in both written and oral form; (b) correctly apply legal theory and principles to real-world scenarios; (c) critique, reflect upon and evaluate the impact of various laws and policies on start-up ecosystems around the world; and (d) design appropriate strategies to help clients formulate and implement their start-up venture plans.
- Demonstrate the ability to apply the above knowledge and skills: (a) with creativity and initiative to new situations; and (b) with high level personal autonomy and accountability.
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Ownership structure & key corporate
documents
- Types of ownership/business structures - Incorporation: what, where, how? - Subscription agreement, shareholders’ agreement, constitution – what are they and why are they needed; what are the clauses to watch out for?
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Intellectual capital and competitive strategy
- Fundamentals of IP law - IP considerations for new ventures e.g. protecting IP, valuation - moral rights - confidentiality - Employment law considerations - Key IP and employment documents.
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Share economy and social enterprise
- How are social enterprises different from regular business? - Key legal considerations; B Corps - what is the share economy? - what business models exist in this space and what legal issues arise?
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Going online - legal considerations
- Online business models - Licensing frameworks: perpetual licensing, cloud services - Key legal documents for websites, software and apps - Privacy and data security issues - Engagement and attention: social media and marketing legal issues.
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Financing start-up ventures
- Legal process behind funding start-up ventures, availability of finance based on the stage of the venture - Types of financing: pros and cons - Angel investors and venture capitalists – what do they expect - What legal documents are needed? - How are these documents negotiated?
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Exit strategies
- options for exit - legal aspects of IPOs, M&A, winding-up.
SLOs included
- Demonstrate knowledge of: (a) the start-up ecosystem in Australia and how this compares with other countries; (b) the relevant skills that professional advisors will need to counsel start-up ventures; (c) the types of legal structures for start-up ventures; including tax considerations, governance and management of start-up ventures; (d) the challenges that start-up ventures face in seeking funding, protecting intellectual property, recruiting and retaining talented employees, and expanding and developing sales channels and how those challenges can be addressed; and (e) the impact that key legal decisions and their implementation can have on start-up ventures.
- Demonstrate the reasoning, research and communication skills to: (a) effectively provide solutions for problems and issues encountered by start-up ventures and explain those solutions coherently in both written and oral form; (b) correctly apply legal theory and principles to real-world scenarios; (c) critique, reflect upon and evaluate the impact of various laws and policies on start-up ecosystems around the world; and (d) design appropriate strategies to help clients formulate and implement their start-up venture plans.
- Demonstrate the ability to apply the above knowledge and skills: (a) with creativity and initiative to new situations; and (b) with high level personal autonomy and accountability.
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Blockchain start-ups
- what is blockchain? - what business models are emerging? - legal aspects - ICOs.
SLOs included
- Demonstrate knowledge of: (a) the start-up ecosystem in Australia and how this compares with other countries; (b) the relevant skills that professional advisors will need to counsel start-up ventures; (c) the types of legal structures for start-up ventures; including tax considerations, governance and management of start-up ventures; (d) the challenges that start-up ventures face in seeking funding, protecting intellectual property, recruiting and retaining talented employees, and expanding and developing sales channels and how those challenges can be addressed; and (e) the impact that key legal decisions and their implementation can have on start-up ventures.
- Demonstrate the reasoning, research and communication skills to: (a) effectively provide solutions for problems and issues encountered by start-up ventures and explain those solutions coherently in both written and oral form; (b) correctly apply legal theory and principles to real-world scenarios; (c) critique, reflect upon and evaluate the impact of various laws and policies on start-up ecosystems around the world; and (d) design appropriate strategies to help clients formulate and implement their start-up venture plans.
- Demonstrate the ability to apply the above knowledge and skills: (a) with creativity and initiative to new situations; and (b) with high level personal autonomy and accountability.