Insolvency 506 (6 points)
(LAW)
Leader: Dr John Duns
Offered:
Clayton First semester 2004 (Day)
Synopsis:
Objectives: Upon completion of this subject students should (i) have a basic understanding of the various views, including economic theories, concerning the rationale for and objectives of insolvency law; (ii) understand the meaning and significance of the legal concept of insolvency; (iii) have an understanding of the impact of insolvency generally on an individual's rights and liabilities, including the impact of insolvency on contractual and property rights and on obligations; (iv) understand the legal principles and rules governing bankruptcy and liquidation: including insolvency administration; voluntary and involuntary insolvency proceedings; the meaning and consequences of insolvency; the property available to creditors on bankruptcy/liquidation, including avoidance of antecedent transactions; the process of realising the insolvent estate for the benefit of creditors; criminal offences relating to bankruptcy; alternatives, formal and informal, to bankruptcy and liquidation; (v) be able to assess critically the effectiveness of the law in meeting its objectives; and (vi) appreciate the alternatives available to insolvent debtors to bankruptcy and liquidation.
Assessment: Written assignment (2500 words): 25% + Open-book examination (2.5 hours): 75%
Prerequisites: LAW1100 Legal Process, LAW2100 Contract, LAW3400 Property
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