Glossary

Use this search only if you have an exact code for a Program, Stream, or Course, e.g. 3400, ACCTA13502, ACCT1501 or ACCT*.

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:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Excluded: LAWS8095

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

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.

Order from UNSW Bookshop

Resources

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