Monash University Law Handbook 1995

Copyright © Monash University 1995
Enquiries to publishing@udev.monash.edu.au

Details of undergraduate subjects

LAW4120

Bankruptcy 415

Mr J Duns

15 points * Three 1-hour lectures per week * First semester * Clayton

This subject involves a study of the law governing personal insolvency. Topics covered will include some or all of the following: function of insolvency, its nature, history and social role; framework of legislative, administrative and judicial jurisdictions; petitions and the availability of insolvency machinery to creditors and debtors; sequestration, the proceedings and grounds on which sequestration orders can be made; provable debts; available property for division among creditors including the vesting of past, present and future property; powers of investigation and examination of debtors; priorities in payment; the grounds and effect of discharge from bankruptcy; limitations of and alternatives to sequestration.

Assessment

Optional research assignment (3000 words): 30% and examination (2.5 hours): 70% or examination (3.5 hours): 100%

Prescribed texts

Bankruptcy Act 1966 (as amended) (Cth)

Rose D Lewis Australian bankruptcy law Law Book, 1994


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