BTF5955 · Business and Company Law
Exam Technique & Revision
Topic 13 is the capstone for the 50% open-book final exam — hard-copy materials only. It is not new doctrine but technique: structuring an IRAC answer under time pressure, spotting issues fast (one fact pattern can raise contract, negligence AND company-law issues at once), citing cases and statute in AGLC4, and using a well-tabbed hard-copy index efficiently. Remember the scope rule that recurs all unit: the exam covers Topics 1–12 EXCEPT liquidation, which is expressly non-examinable.
What this chapter covers
- 01IRAC under exam conditions: Issue → Rule → Application → Conclusion, written to time, with the marks concentrated in the Application step
- 02Issue-spotting: reading a fact pattern for every live issue, including cross-topic scenarios that combine contract, negligence and company law
- 03AGLC4 citation of cases and statute, done efficiently so you can pinpoint and apply authority fast
- 04Using the open-book, hard-copy-only setup: a tabbed index of cases and Corporations Act / ACL / Wrongs Act sections rather than rote memorisation
- 05Time management: budgeting minutes in proportion to marks and not over-running a single question
- 06Exam scope: Topics 1–12 EXCEPT liquidation (expressly non-examinable) — do not spend answer time on winding-up mechanics
- 07The anchor map: which landmark case and which section anchors each doctrine (Donoghue v Stevenson, Carlill, Hadley v Baxendale, Salomon; ss 18 ACL, 124, 140, 180, 254T, 435A, 588G)
Cross-topic issue-spotting: one scenario, three areas of law
- +2Spot the negligence issue. The slip and injury raise negligence (Topic 2): duty of care (an occupier owes lawful entrants a duty; Donoghue v Stevenson), breach on the Wyong calculus (Wrongs Act 1958 (Vic)), causation and damage. Frame each as its own IRAC.
- +1Spot the contract / consumer-law issue. The 'guaranteed' refund advertisement raises contract formation (a unilateral offer as in Carlill v Carbolic Smoke Ball Co, Topic 3) and/or misleading or deceptive conduct under s 18 of the Australian Consumer Law (Topic 6).
- +2Spot the company-law issue. The director ordering stock on credit while insolvent raises insolvent trading (s 588G; solvency on the s 95A cash-flow test) and the directors' duties from Topics 10–11.
- +1Scope and method. None of these issues is liquidation, so all are examinable; then answer each with its own IRAC and AGLC4 citation, budgeting time in proportion to the marks and not letting one issue swallow the paper.
Key terms
- IRAC under exam conditions
- The Issue–Rule–Application–Conclusion skeleton written to time: name the issue as a question, state the governing case/section, apply it to the facts arguing both sides, then conclude tentatively. Under time pressure the Application step still carries the most marks, so do not recite the rule and jump to a verdict.
- Issue-spotting
- Reading a fact pattern to identify every live legal issue before writing. A single BTF5955 exam scenario can raise several issues, each of which must be pulled out and run through its own IRAC to earn the marks.
- Cross-topic scenario
- An exam fact pattern deliberately combining more than one area of law — e.g. a negligence issue, a contract/consumer issue and a company-law issue in the same story. Each strand is answered separately in IRAC; missing a strand loses those marks.
- AGLC4 citation
- The Australian Guide to Legal Citation (4th ed), the referencing style required across the unit and in the exam. Cases and statutory provisions must be cited in AGLC4 form; a tidy, well-tabbed hard-copy index of authorities lets you find and cite them fast.
- Open book (hard-copy only)
- The final exam permits hard-copy materials only — no electronic materials — which is why the prescribed textbook is recommended in hard copy. Prepare a tabbed index of cases and sections rather than trying to memorise them; confirm the duration, sections and permitted materials on Moodle.
- Exam scope / liquidation exclusion
- The final covers Topics 1–12 except liquidation, which is expressly non-examinable (its slides are provided for learning only). Receivership and voluntary administration remain examinable, so focus revision on the examinable Topics 1–12 and do not answer a winding-up question.
Exam Technique & Revision FAQ
Is the BTF5955 final exam open or closed book?
It is OPEN BOOK — but hard-copy materials only (no electronic materials). The prescribed textbook is recommended in hard copy specifically for this reason. The exam asks IRAC problem questions cited in AGLC4 across Topics 1–12 EXCEPT liquidation, which is expressly non-examinable. The duration, number of sections and mark allocation are not published in the available unit material, and the exam sits in the Monash Semester-2 examination period around November 2026 — confirm the exact date, duration and permitted materials on Moodle and the Monash exam timetable before the day.
What is examinable in the BTF5955 final exam?
The final is comprehensive across Topics 1–12 with one carve-out: liquidation is expressly NOT examinable. Expect IRAC problem/hypothetical questions spanning the tort of negligence, contract law (formation, terms, enforcement and remedies), consumer and privacy law, and the company-law half (incorporation and business structures, corporate governance, members' powers and dividends, directors' duties, and the examinable external-administration processes of receivership and voluntary administration). Each question is answered with the IRAC method and AGLC4 citation.
How should I structure an exam answer under time pressure?
Issue-spot first, then write in IRAC. Read the facts for every live issue, tag each with its area of law and anchor authority, and budget your time in proportion to the marks so no single question swallows the paper. For each issue write a visible IRAC skeleton — Issue as a question, Rule with its case/section source, Application arguing both sides on the facts, then a tentative Conclusion — and cite in AGLC4 from your tabbed hard-copy index. The Application step carries the most marks, so spend your time there rather than re-stating the rule.
Is liquidation examinable?
No. This is a recurring exam-scope point in BTF5955: the Topic 12 material on liquidation is expressly non-examinable — the slides are provided for learning only. The examinable insolvency content is receivership and voluntary administration (including the s 435A object and the DOCA process). So concentrate your revision on the examinable Topics 1–12, and do not spend answer time working a winding-up problem in the final.
Can Sia help me prepare for the BTF5955 exam?
Yes, as a study aid. Sia can set you fresh cross-topic fact patterns, walk an IRAC answer with you step by step, drill your issue-spotting, check that your AGLC4 citations are formatted correctly, and remind you which topics (like liquidation) fall outside the exam. It explains the method and checks your reasoning; it does not sit the exam or complete graded assessment for you, and Monash University academic-integrity rules apply.
Exam move
Treat Topic 13 as skills practice, not new content. Build three exam habits. First, rehearse issue-spotting on cross-topic fact patterns until you reliably pull out every strand — one story can raise negligence, contract/consumer and company-law issues, each needing its own IRAC. Second, prepare for the open-book, hard-copy-only final by building a tabbed index of your cases and Corporations Act / ACL / Wrongs Act sections rather than trying to memorise them, so you can find and cite authority fast in AGLC4; anchor each doctrine to its landmark case and section (Donoghue v Stevenson, Carlill, Hadley v Baxendale, Salomon; ss 18 ACL, 124, 140, 180, 254T, 435A, 588G). Third, drill timed IRAC answers that budget minutes by marks and keep the bulk of your writing in the Application step. Remember liquidation is expressly NOT examinable, so spend revision on the examinable Topics 1–12, and confirm the exam date, duration and permitted materials on Moodle. When a step won't click, ask Sia to explain it a different way and to set you a fresh cross-topic problem in the same style; it teaches the method and checks your reasoning, and it never substitutes for your own graded work.
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