LAW7031

Corporate insolvency ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Associate Professor John Duns

Offered:
Not offered in 2005.

Synopsis: Objectives and principles underlying corporate insolvency law. Procedures involved in a corporation being wound up. Insolvent trading and director's duty to creditors. Assets available for distribution in a winding up. The treatment of claims and liabilities in a winding up. The avoidance provisions of the Corporations Law including dispositions after the commencement of winding up, preferences, uncommercial transactions, unfair loans, floating charges, executions and attachments. Receivers and floating charges. Alternatives to winding up, in particular company administration and deeds of company arrangement.

Objectives: Students completing this subject should (1) have an appreciation of the competing schools of thought on the objectives of corporate insolvency law; (2) understand the underlying principles of corporate insolvency law; (3) understand the impact of insolvency generally on a corporation's rights and liabilities; and (4) have an advanced understanding of the legal principles and rules which govern corporate insolvency, together with an understanding of the practical implications of such rules.

Assessment: Supervised examination (1 1/2 hours): 40%, Research assignment (3,750 words): 50%, Class participation: 10%

Contact Hours: One 2-hour seminar per week