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Corporate Insolvency - LAWS8095
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
 
 
Excluded: JURD7695
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This course covers the law and practice relating to the insolvency of corporations. It encourages a critical appreciation of the nature, philosophy and interrelationship of each insolvency administration regime including recent and proposed reforms. Students will explore the rights and obligations of various stakeholders including directors, employees, secured and unsecured creditors, shareholders and insolvency practitioners. Some well-known insolvency practitioners will deliver guest lectures with practical reflections. Emphasis will also be placed on understanding Australian insolvency laws in the global context, featuring classes on cross-border insolvency including EU and US experiences.


LLM Specialisation

Corporate and Commercial Law; Corporate Commercial and Taxation Law.

Recommended Prior Knowledge

None

Course Objectives

A candidate who has successfully completed this course should be able to:
  • Critically appreciate the philosophy, nature and interrelationship of each insolvency administration regime including recent and proposed reforms.
  • Implement legal strategies for managing and dealing with insolvent or near-insolvent companies.
  • Understand the rights and obligations of various stakeholders including directors, employees, secured and unsecured creditors, shareholders and insolvency practitioners.
  • Understand practical issues associated with recent prominent Australian administrations.
  • Evaluate Australian insolvency law in the global context.

Main Topics

  • Philosophy of modern insolvency law
  • Compulsory and voluntary winding up
  • Directors' duties at or near insolvency
  • Voidable transactions
  • Voluntary administration
  • Receivership and security interests
  • Restructuring and work-outs
  • Comparative insolvency law
  • Cross-border insolvency

Assessment

Class Participation 20%
Class test (week 6) 20%
3000 word take-home exam 60%

Course Texts

Prescribed

  • A set of reading materials which contains the required reading for each week will be available to students at the UNSW bookshop on campus a fortnight before teaching starts.
  • A textbook will also be prescribed - refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.
Recommended
Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.

Resources

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.