Assignment title: Information


Explain the effect on the doctrine of ultra vires of the changes made to Corporations Law from 1 July 1998. Do you agree that the doctrine of ultra vires has been substantially abolished? As a minimum, your essay should: • Define and explain the doctrine of ultra vires. • Discuss the doctrine as it originally operated under common law. See; Ashbury Carriage & Iron Co. v Riche (1875) – other cases may also be cited. • Discuss how ultra vires was codified under the Corporations Act – what sections were relevant (e.g., s160 inter alia) • Discuss the amendments to the Corporations Act from July 1 1998 – Which sections were repealed? (See e.g., s124(2), s125(1 and 2) What was the effect of the amendments? • Define ultra vires in the narrow/broad sense. What do these terms mean? (e.g., corporate capacity, members and directors powers) • Discuss whether the doctrine has been abolished entirely or substantially with reference to relevant cases. Cases students may refer to include: News Ltd v Australian Rugby Football League (1996), ANZ Executors and Trustee Co Ltd V Qintex Australia Pty Ltd (1990), Gambotto v WCP Ltd, Re Caratti Holding Co. Pty Ltd • Conclude by summarising points raised in body of question. Based upon the changes to the July 1 1998 amendments to the Corporations Act and its application in various cases, does the doctrine still apply in Australia?