LAW7031 - Corporate insolvency

Leader: Mr Oren Bigos

Offered

City Second semester 2007 (Evening)

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 unit 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 (1.5 hours): 40%, Research assignment (3,750 words): 50%, Class participation: 10%

Contact hours

One 2-hour seminar per week