6 points, SCA Band 3, 0.125 EFTSL
Postgraduate - Unit
Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.
Michael Sloan & Mark Costello
Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.
- Trimester 2 2019 (On-campus)
For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7031
This unit provides a thorough study of the law and practice of corporate insolvency. It covers general concepts of corporate insolvency law with particular reference to Australia. Principal topics include: administration and deed of company arrangements; the concept of insolvency; administration and deed of company arrangement; procedures for winding up; assets available for distribution in winding up; proof and ranking of claims in winding up; insolvent trading and director's duty to creditors; voidable transactions; enforcement of security and receivership; and cross-border insolvency.
On completion of this unit students will be able to:
- apply knowledge and understanding of recent developments in relation to corporate insolvency law with creativity and initiative to new situations in professional practice and/or for further learning;
- investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the impact of insolvency generally on a corporation's rights and liabilities
- conduct research in corporate insolvency law based on knowledge of appropriate research principle and methods; and
- use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to corporate insolvency law together with an understanding of the practical implications of such rules.
Research assignment (6,750 words): 90%
Class participation: 10%
24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)