units

LAW5626

Faculty of Law

18 September 2017 22 November 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

Offered

Prato

  • Term 2 2016 (Day)

Synopsis

This course will cover the basics of bankruptcy/insolvency law and the general rights of creditors and debtors in various Western nations, i.e. from an international perspective. The course will focus on the core aspects of commercial bankruptcy/insolvency statutes in these countries.

It begins with a review of the key insolvency concepts and provisions set forth by the United Nations Commission on International Trade Law ("UNCITRAL") with primary emphasis on Part Two of the UNCITRAL Guide On Insolvency Law, entitled "core provisions for an effective and efficient insolvency law", including and highlighting its suggested provisions for reorganizations. It will then address the insolvency statutes of the US and selected European regimes. Finally, the course will compare the various statutory provisions in these nations together with their adoption, or not, of the UNCITRAL recommended terms and the effect thereof.

Outcomes

On completion of this subject, students will be able to:

  1. Apply knowledge and understanding of international and comparative insolvency law and practice;
  2. Investigate, analyse and synthesise debates surrounding controversial issues arising under international and comparative insolvency law;
  3. Conduct research into contemporary issues relating to international and comparative national approaches to bankruptcy and insolvency law; and
  4. Use cognitive, technical and creative skills to apply legal principles to specific problems in insolvency law.

Assessment

Attendance requirement: students who fail to attend at least 80% of the classes in this unit (ie who miss 3 or more classes) will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to severe illness or other exceptional circumstances must make an application for in-semester special consideration with supporting documentation.

1. One class paper (1,500 words): 20%
2. One take-home examination (6,000 words): 80%

Workload requirements

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Chief examiner(s)

Assoc Prof David Lindsay