Start-Up Law is an elective subject in postgraduate programs offered by the Faculty of Law. 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.
|Academic unit:||Faculty of Law|
|Subject title:||Start-Up Law|
Delivery & attendance
|Attendance and learning activities:||All lectures will be made available online on Monday of each week (commencing from week 4 to week 12) - you will need to view your i-Learn site to access the weekly lectures. All seminars will be attended in-person on Thursday of each week (commencing from week 4 to week 12). You will need to come to each seminar prepared to discuss the previous week's homework assessment and the current week's lecture topic. There will also be a seminar scheduled for Saturday 11 Nov.|
|Prescribed resources:||No Prescribed resources. After enrolment, students can check the Books and Tools area in iLearn for the full Resource List.|
|[email protected] & Email:||[email protected] 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
This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.
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.
|Analysis ^||Students are to submit responses to 6 homework assessments (worth 10% each). Each homework assessment will be released online (starting in Wk 4) and students will have 1-week to submit their response. These assessments are aimed at getting students to apply legal theory to ‘real-world’ scenarios in a short timeframe.||75%||Ongoing||1, 2, 3.|
|*Class Participation ^||Students are to attend weekly in-person tutorials (commencing from wk 4 through to wk 12) whereby we will discuss the previous week's homework assessment and the current week's lecture topic. Students will also be required to attend and participate in a 1-day workshop (at this stage, scheduled for Wk 9, Saturday 11 Nov 9am-5.30pm).||10%||Ongoing||1, 2, 3.|
|Project ^||Students are to submit an opinion piece (op-ed essay) of 1,200 words on a contemporary pre-approved topic related to start-up ventures. This assessment will be due on Friday, Wk 12.||15%||Week 12||1, 2, 3.|
- ^ Students must pass this assessment to pass the subject
- * 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.
|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.|
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.
Students must check the [email protected] 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.
Policy on plagiarism
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.
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.
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.
- 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
- Types of ownership/business structures - Incorporation: what, where, how? - Subscription agreement, shareholders’ agreement, constitution, director’s deed – what are they and why are they needed; what are the clauses to watch out for?
- Fundamentals of IP law - IP considerations for new ventures e.g. protecting IP, valuation - Co-working issues, moral rights, confidentiality - Key IP documents
- How are social enterprises different from regular business? - Key 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
- 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?
- Employment law fundamentals - Key employment documents - Retaining key staff
- Insurance - Consumer protection law (ACL) - Disputes between founders and VCs/investors
- Expanding overseas – transnational and global considerations; cross-border commerce - When is it no longer a start-up? - Legal considerations in sales & supply channel models