精东传媒app

UniSQ Logo
The current and official versions of the course specifications are available on the web at .
Please consult the web for updates that may occur during the year.

LAW3110 Insolvency and Restructuring Law

Interim Trimester 3, 2023 Online
Units : 1
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

Staffing

Course Coordinator:

Requisites

Pre-requisite: For students enrolled in one of the following Programs: LLBP or BLAW: LAW1111
Pre-requisite or Co-requisite: For students enrolled in one of the following Programs: BBCM or BCOM or BBUS: LAW2106 or LAW1500 or LAW1501

Overview

The fact that persons and companies will, in a market economy, become insolvent is inevitable. The past decade has demonstrated the need for advisers and those involved generally in commerce to be aware of the issues which confront insolvents and what alternatives can be pursued. To be able to do this requires an understanding of the law as it applies to both personal and corporate insolvency.

The course will provide a comprehensive coverage of the law of insolvency and restructuring as it affects both individuals and corporations. The course examines the major types of insolvency administration provided for by the law, for both individuals and corporations - bankruptcy, Part X arrangements, receivership, voluntary administrations and liquidations. Some emphasis is placed on the process of bankruptcy and liquidation and a major part of the course is a consideration of the provisions dealing with company rescue.

Course learning outcomes

On successful completion of this course, students should be able to:

  1. locate and analyse primary law materials and secondary materials (as relevant) while examining an issue relevant to insolvency and restructuring law;
  2. explain the legal principles relevant to defining insolvency; to procedures for and effects of collective insolvency administrations (both bankruptcy and liquidation, as well as the alternatives such as Part X arrangements and voluntary administrations) and secured creditor administrations (that is, receiverships); to administration of the relevant estates, including recovery of property; and to insolvency administrators;
  3. apply such legal principles to given fact situations in order to determine the likely outcome to issues raised;
  4. demonstrate satisfactory skills in communication.

Topics

Description Weighting(%)
1. The principles of insolvency law 10.00
2. Bankruptcy 16.00
3. Arrangements under part IX and part X 10.00
4. Liquidation 24.00
5. Receivership 10.00
6. Voluntary administration 20.00
7. Deeds of company arrangement 10.00

Text and materials required to be purchased or accessed

Murray, M & Harris, J, 'Keay's insolvency: personal and corporate law and practice', Thomson Reuters, Pyrmont, New South Wales (latest edition).
The current edition of 'Australian Bankruptcy Act 1966', CCH Australia Ltd, North Ryde, New South Wales OR Nichols, P, 'Bankruptcy Act 1966', LexisNexis Butterworths, Chatswood, New South Wales.
The current edition of 'Australian Corporations and Securities Legislation', CCH Australia Ltd, North Ryde, New South Wales OR 'Australian Corporations Legislation', LexisNexis Butterworths, Chatswood, New South Wales OR Baxt, R, Harris, J & Finnane, E, 'Corporations Legislation', Thomson Reuters, Pyrmont, New South Wales.

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Approach Type Description Group
Assessment
Weighting (%) Course learning outcomes
Assignments Written Quiz 1 No 20 1,2
Assignments Written Problem Solving No 50 1,2,3,4
Assignments Written Quiz 2 No 30 1,2,3,4
Date printed 9 February 2024