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The course covers the two areas of personal insolvency and corporate insolvency. The first half of the course covers personal insolvency, governed by the Bankruptcy Act. Students will be introduced to the law and procedure associated with implementing bankruptcy and emphasis will be placed upon key concepts such as bankruptcy notices, creditors’ petitions, the effect of bankruptcy upon the debtor and release from bankruptcy. In addition, an examination is made of the methods and steps that can be taken to set aside or postpone procedures which are invoked with the aim of making a debtor bankrupt. You will also study the administration of bankrupt estates.
The second half of the course covers corporate insolvency governed by the Corporations Act. Insolvent companies may be saved from liquidation by means of schemes of arrangement, receivership, voluntary administration or deeds of company arrangement. This course will look at those arrangements as alternatives to liquidation. In addition, particular emphasis will be placed on winding up of insolvent companies and, in particular, on winding up after non-compliance with a statutory demand. You will also study the administration of companies in liquidation and this will include the powers and duties of liquidators and the ability to set aside previous transactions entered into by the insolvent company.
The course is taught from a practitioner’s perspective with emphasis upon knowledge of and strict compliance with statutory requirements. Wherever possible, current government proposals for law reform are considered as well as cross-border insolvency issues.
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