LAW5142 - Insolvency 506
6 points, SCA Band 3, 0.125 EFTSL
Undergraduate Faculty of Law
Leader(s): John Duns
Clayton Second semester 2009 (Day)
Topics include: the legal consequences of an individual or company becoming insolvent; the objectives and features of insolvency law; the proceedings leading to bankruptcy and liquidation; the impact of bankruptcy and liquidation on contractual and property rights; property available to creditors including the antecedent transaction provisions of the Bankruptcy Act and Corporations Law; claims which can be made in bankruptcy and liquidation; the administrative machinery of insolvency and alternatives to bankruptcy and liquidation.
Upon completion of this unit students should
- have a basic understanding of the various views, including economic theories, concerning the rationale for and objectives of insolvency law;
- understand the meaning and significance of the legal concept of insolvency;
- have an understanding of the impact of insolvency generally on an individual's rights and liabilities, including the impact of insolvency on contractual and property rights and on obligations;
- understand the legal principles and rules governing bankruptcy and liquidation: including insolvency administration; voluntary and involuntary insolvency proceedings; the meaning and consequences of insolvency; the property available to creditors on bankruptcy/liquidation, including avoidance of antecedent transactions; the process of realising the insolvent estate for the benefit of creditors; criminal offences relating to bankruptcy; alternatives, formal and informal, to bankruptcy and liquidation;
- be able to assess critically the effectiveness of the law in meeting its objectives; and
- appreciate the alternatives available to insolvent debtors to bankruptcy and liquidation.
Assignment (2500 words): 25%
Examination (2 hours writing time plus 30 minutes reading and noting time): 75%
Three hours of lectures per week