Insolvency Law
LAWS6159
This unit will examine the law, policy and practice of both personal and corporate insolvency, under the Bankruptcy Act 1966 and the Corporations Act 2001. Topics to be covered will include: The purposes of insolvency law, including debtor protection, access of creditors to the debtor's assets, investigation of the reasons for financial failure, The pari passu principle, and the position of secured creditors; collectivism, compulsion and maintenance of creditors' pre-insolvency rights; the nature of security and quasi-security interests; The processes of sequestration of individual estates, and the winding up of companies; other possible regimes in insolvency; the appointment of a receiver under a charge; the duties of the receiver and manager; section 420A of the Corporations Act; The operation of Part 5.3A of the Corporations Act and the appointment and powers of the administrator and the operation of the deed of company arrangement; Available property; the voidable transaction regime (including section 37A of the Conveyancing Act); Litigation funding and possible recoveries in insolvency; The liability of directors and other controllers in insolvency; The impact of the PPSA regime on insolvency; The duties of the liquidator, and the control of liquidators; Current reform proposals, and policy considerations; and The Cross-Border Insolvency Act 2008; the effect of the UNCITRAL model law; the operation of modified universality in transnational insolvency.
Unit of study details
Unit of study level: Postgraduate
Credit points: 6
Commencing semesters: 107
Further unit of study information
Unit of study handbook: LAWS6159
Costs and scholarships information: Costs and Scholarships
Final dates to withdraw from units of study: Census Dates
Available for study abroad and exchange: No