Corporate Insolvency - JURD7695

 
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:
 
 
36 UOC completed in Juris Doctor Program (9150)
 
 
Excluded: LAWS8095
 
 
CSS Contribution Charge: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.


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.