Insolvency Law (LAWS6159)

UNIT OF STUDY

The unit provides an introduction to the mainly statutory law regulating bankrupt individuals and insolvent companies to be found in the Bankruptcy Act 1966 and Corporations Act 2001. It explores the objectives and key principles of insolvency law, the pari passu principle, the various forms of insolvent administration including informal workouts, bankruptcy, liquidation, receivership, voluntary administration, schemes of arrangement and associated procedures together with the avoidance of transactions in insolvency. The unit also considers the impact of insolvency on existing contractual and proprietary rights from the perspective of employees, unsecured creditors, shareholders, trustees of trusts and third parties generally. The unit also considers cross border insolvency and the Cross Border Insolvency Act 2008. The impact of the PPSA on insolvency is also analysed. The unit involves a significant component of statutory interpretation.

Further unit of study information

Classes

Jul 2, 3 & 16, 17 (9-5)

Assessment

assignment problem (50%), 4000wd essay (50%)

Faculty/department permission required?

No

Unit of study rules

Prohibitions

CLAW6006 or LAWS3403 or LAWS3445 or LAWS5103

Study this unit outside a degree

Non-award/non-degree study

If you wish to undertake one or more units of study (subjects) for your own interest but not towards a degree, you may enrol in single units as a non-award student.

Cross-institutional study

If you are from another Australian tertiary institution you may be permitted to underake cross-institutional study in one or more units of study at the University of Sydney.