units

LAW5306

Faculty of Law

18 September 2017 22 December 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Offered

City (Melbourne)

  • Trimester 3 2016 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7031

Synopsis

This unit provides a thorough study of the law and practice of corporate insolvency. It covers general concepts of corporate insolvency law with particular reference to Australia. Principal topics include: administration and deed of company arrangements; 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; and cross-border insolvency.

Outcomes

On completion of this unit students will be able to:

  • apply knowledge and understanding of recent developments in relation to corporate insolvency law with creativity and initiative to new situations in professional practice and/or for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the impact of insolvency generally on a corporation's rights and liabilities
  • conduct research in corporate insolvency law based on knowledge of appropriate research principle and methods; and
  • use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to corporate insolvency law together with an understanding of the practical implications of such rules.

Assessment

Research assignment (6,750 words): 90%
Class participation: 10%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Chief examiner(s)

Mr Michael Sloan Personal ProfilePersonal Profile (http://law.monash.edu/staff/postgraduate/sess-msloan.html)