Outline

Overview

This unit involves the operation of insolvency law in its commercial context. The unit will build on studies in Insolvency Law by considering how insolvency law rules interact with non-insolvency law (including taxation law, trusts law, property law and employment law) within the context of common commercial arrangements (such as commercial leasing, trading trust arrangements and contracts for the supply of services). The unit will consider the position of common stakeholders involved in debt restructuring and corporate rescue efforts to support debtors during times of financial distress.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	None
Assumed knowledge ?	This unit is available to students who have completed LAWS5014 Corporations Law, LAWS6159 Insolvency Law or equivalent unit
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Lindsay Powers, lindsay.powers@sydney.edu.au
Lecturer(s)	Lindsay Powers, lindsay.powers@sydney.edu.au

Type	Description	Weight	Due	Length
Assignment	Problem Question (50%) Problem Question	0%	Mid-semester break Due date: 01 Oct 2022 at 16:00	4000 words / 22 days
Outcomes assessed:
Assignment	Capstone Essay Outline (Non-graded) Capstone essay outline	0%	Week 03 Due date: 19 Aug 2022 at 10:00	750 words / 3 weeks
Outcomes assessed:
Assignment	Essay (50%) Research essay	0%	Week 13 Due date: 04 Nov 2022 at 16:00	4000 words / 21 days
Outcomes assessed:
Assignment	Capstone Essay (100%) Capstone Essay	0%	Week 13 Due date: 04 Nov 2022 at 16:00	8000-10000 words / 11 weeks
Outcomes assessed:

Assessment summary

Problem Question Assignment (50%):

Provide an analysis of a given set of facts and advise. The maximum word limit is 4000 words. A bibliography is not required.

The Problem Question will be released on Canvas on Friday 9 September 2022 at 10:00 AEST. The answer is due on Saturday 1 October 2022 at 16:00 AEST.

The assignment is directed at producing the learning outcomes. It assesses each student’s ability to: (i) identify the legal issues that arise from the given facts; (ii) select the legal rules that are relevant to those issues (noting any areas of legal uncertainty); (iii) apply the relevant rules to the issues so as to reach appropriate conclusions; (iv) develop arguments in a logical manner and by reference to statutory provisions and case law; and (v) employ a succinct and grammatically correct writing style.

Essay (50%):

Students must write on one topic from a list of two topics which will be released on Canvas on Friday 14 October 2022 at 10:00 AEDT. The essay is due on Friday 4 November 2022 at 16:00 AEDT. The word limit is 4000 words. A bibliography is required but not included in the word limit.

The essay is directed at producing the learning outcomes. It assesses each student’s ability to: (i) identify relevant statutory provisions and case law relevant to the topic and the state of the law covered by the topic and any issues of controversy or uncertainty; (ii) conduct research to identify academic opinion relevant to the topic and critically assess it; (iii) develop arguments and conclusions in a logical manner; (iv) employ a succinct and grammatically correct writing style.

Capstone Essay (100%):

For LLM students who are undertaking this unit and need a capstone experience to complete their degree. As an alternative to completing the problem assignment and essay, students may apply for approval to complete a capstone essay (8,000 – 10,000 words) on a topic submitted to the unit coordinator and approved by him. The capstone essay must be submitted by 16:00 AEDT on Friday 4 November 2022. As part of the approval process, students must submit to the unit coordinator for approval a 750 word detailed outline of the proposed essay by email no later than 10:00 AEST on 19 August 2022. The essay outline will not be graded. Students who receive approval of their topic must still satisfy class attendance requirements. Successful completion of a capstone essay in this unit of study may satisfy the capstone essay requirements for the degree of Master of Laws (refer to the Sydney University Law School Handbook https://www.sydney.edu.au/handbooks/law/ for further information).

The capstone essay is an alternative to the assignment and essay, and is directed at producing the learning outcomes. The same considerations as those for the essay apply, but it also requires a more comprehensive research task addressed to a unique topic settled in consultation with the unit convenor. Students must plan and execute a substantial research based project which will enable an assessment of the student’s technical and communication skills in the understanding, evaluation and theorising about an area of commercial importance in contemporary insolvency law.

Students who receive a grant of Special Consideration may receive an extension or alternative task at the discretion of the unit coordinator.

Assessment requirement to pass a unit of study

A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	• Completely answers the question. • Contains striking originality of approach or analysis. • Demonstrates exhaustive or innovative research (where independent research required). • Exceptionally well written, structured and expressed. • Is otherwise exceptional in some way.
Distinction	75 - 84	• Completely answers the question. • Achieves a critical and evaluative approach to the issues. • Content and structure is well organised in support of the argument. • Demonstrates extensive research and analysis to support a well-documented argument. • Generally well expressed and free from errors. • Has a clear structure and is well articulated.
Credit	65 - 74	• Covers main issues fairly well in answering the question. • Contains no significant errors • Demonstrates an attempted critical approach to the issues. • Demonstrates reasonably sound research and analysis in addressing the key issues. • Has a clear structure and reasonably clear expression.
Pass	50 - 64	• Identifies the key issues, but does not follow through with a reasoned argument. • Contains some significant errors. • Displays satisfactory engagement with the key issues. • Offers descriptive summary of material relevant to the question. • Superficial use of material, and may display a tendency to paraphrase. • Demonstrates little evidence of in-depth research or analysis. • Adequate expression. • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	• Does not answer the question. • Contains significant or numerous errors. • Few or no identifiable arguments. • Content that is inappropriate or irrelevant. • Lack of research or analysis. • Difficult or impossible to understand through poor grammar, expression or structure. • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after 4pm but before the same time the following day will attract a 10% penalty.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Week 01	Introduction to the Unit of Study; Review of the Corporate Insolvency Map; The Corporations Amendment (Corporate Insolvency Reforms) Act, 2020	Seminar (2 hr)
Week 02	The Conduct of Insolvency Practitioners	Seminar (2 hr)
Week 03	Insolvency and Employees	Seminar (2 hr)
Week 04	The Impact of Voluntary Administration on Property Interests (Part 1)	Seminar (2 hr)
Week 05	The Impact of Voluntary Administration on Property Interests (Part 2)	Seminar (2 hr)
Week 06	Administration as a Restructuring Tool	Seminar (2 hr)
Week 07	The Anti-Deprivation Principle	Seminar (2 hr)
Week 08	Trading Trusts	Seminar (2 hr)
Week 09	Insolvency and Tax	Seminar (2 hr)
Week 10	Insolvency and the Personal Property Securities Act 2009, (Cth)	Seminar (2 hr)
Week 11	Unresolved Issues with Voidable Transactions	Seminar (2 hr)
Week 12	Fraudulent Dispositions under Property Laws	Seminar (2 hr)
Week 13	Voluntary Liquidation	Seminar (2 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude bibliography; footnote numbers; footnote citation; cover page but include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Referencing: You are expected to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Michael Gronow and Stewart Maiden, McPherson’s Law of Company Liquidation (Lawbook Co) (On line edition via Westlaw: library link to be published in the Reading Guide for this unit); Michael Murray and Jason Harris, Keay’s Insolvency: Personal and Corporate Law and Practice (Lawbook Co, 10th Ed 2018).

The full list of readings will be contained in a Reading Guide that will be posted to the Canvas site.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. Understand how key provisions of the Corporations Act, 2001 (Cth) applying to insolvent companies impact on transactions in a commercial context.
LO2. Critically evaluate how the studied areas of insolvency law affect particular commercial transactions and settings
LO3. Identify and synthesise different perspectives and arguments involved in areas of legal uncertainty in insolvency law
LO4. Understand and explain how particular areas of insolvency law covered by the course affect the competing interests of different stakeholders in common commercial situations.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since the unit was last offered.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6361: Advanced Insolvency Law

Semester 2, 2022 [Normal evening] - Remote

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect