MONASH UNIVERSITY FACULTY HANDBOOKS

Law Handbook 1996

Published by Monash University
Clayton, Victoria 3168, Australia

Authorised by Academic Registrar, April 1996


LAW4120

Bankruptcy 406

Not offered in 1996

Mr J Duns

6 points + Three 1-hour lectures per week + One semester + Clayton + Prerequisites: LAW2100 and LAW3400

Objectives Students completing this subject should have (1) an appreciation of the rationale for and the objectives of personal insolvency law; (2) an understanding of the impact of insolvency generally on an individual's rights and liabilities and (3) an understanding of the legal principles and rules which govern bankruptcy and its alternatives.

Synopsis The objectives of bankruptcy law; background to the Bankruptcy Act 1966 (Cth); administration of the Bankruptcy Act; voluntary and involuntary bankruptcy proceedings; the meaning and consequences of insolvency; the property available to creditors on bankruptcy, including after acquired property, exempt property, avoidance of antecedent transactions; the process of realising the bankrupt's property; examination of debtors and bankrupts; the distribution of the bankrupt estate to creditors; criminal offences relating to bankruptcy; alternatives, formal and informal, to bankruptcy.

Assessment Written assignment (3000 words): 30% + Examination (2.5 hours): 70% or examination (3.5 hours): 100%

Texts


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