Leader: Dr Oren Bigos

Offered

City (Melbourne) Second semester 2008 (Evening)

Synopsis

Objectives and principles underlying corporate insolvency law. The concept of insolvency. Administration and deed of company arrangement. Procedures for winding up. Assets available for distribution in winding up. Proof and ranking of claims in winding up. Insolvent trading and director's duty to creditors. Voidable transactions. Enforcement of security and receivership. Cross-border insolvency.

Objectives

Students completing this unit should

1. have an appreciation of 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