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LAW5142

Faculty of Law

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Monash University Handbook 2010 Undergraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Second semester 2010 (Day)
Coordinator(s)John Duns

Synopsis

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.

Objectives

Upon completion of this unit students should

  1. have a basic understanding of the various views, including economic theories, concerning the rationale for and objectives of insolvency law;
  2. understand the meaning and significance of the legal concept of insolvency;
  3. 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;
  4. 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;
  5. be able to assess critically the effectiveness of the law in meeting its objectives; and
  6. appreciate the alternatives available to insolvent debtors to bankruptcy and liquidation.

Assessment

Assignment (1500 words): 30% and examination (2 hours writing time plus 30 minutes reading and noting time): 70% OR examination (2 hours writing time plus 30 minutes reading and noting time): 100%

Chief examiner(s)

Associate Professor John Duns

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW3402