LAWS6159 - Insolvency Law
Content
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.
Session
Semester 2 Intensive
5, 6 & 19, 20 July 2013
The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.
Assessment
1 x Take Home Exam (100%)
Assumed Knowledge
Law degree with good background in Australian corporate law
Please note: This unit replaced LAWS6159 Corporate Insolvency Law.
Prohibition
CLAW6006 - Insolvency Law
Legal Professional Development (LPD)
You can credit this unit towards Legal Professional Development (LPD). Units of study that are part of Sydney Law School’s Postgraduate Program meet the necessary Mandatory Continuing Legal Education (MCLE) of the Law Society of New South Wales and the Continuing Professional Development (CPD) requirements of the New South Wales Bar Association. You may complete this unit of study by enrolling on a non-degree basis or on an audit basis only with no assessment via Single Unit Enrolment.
Courses this unit is available in
Master of Laws | Graduate Diploma in Law | Master of Global Law | Master of Business Law | Graduate Diploma in Commercial Law | Graduate Diploma in Corporate, Securities and Finance Law
