Insolvency Law is designed to assist students to understand the complex legal issues within insolvency law, including the interactions between different types of insolvency practitioners (receivers, administrators, liquidators, trustees in bankruptcy) as well as understanding the theoretical underpinnings of insolvency. It will also consider complex and recent legislation such as the Personal Properties Securities Act to enable students to understand and synthesise the concepts and consider them in a practical context.
The law will focus upon the Australian context, although there is some scope for comparative analysis, particularly with the PPSA and cross border insolvency issues as they arise.
Upon successful completion, students will have the knowledge and skills to:Upon successful completion, students will have: the skills and knowledge to:
1. Demonstrate mastery of theoretical knowledge regarding the legal and economic theories underpinning insolvency law in Australia.
2. Demonstrate mastery of theoretical knowledge of the interaction between the insolvency provisions of the Corporations Act (Cth) and the Personal Properties Securities Act (Cth).
3. Demonstrate mastery of theoretical knowledge of the interaction between the
Corporations Act (Cth), Bankruptcy Act (Cth), the Family Law Act (Cth).
4. Synthesise complex information relating to asset recovery by liquidators to develop effective strategies to recover assets from directors and third parties (including spouses and guarantors) and to identify and respond to defences raised by them.
5. Reflect critically on the implications for the knowledge and practical application in relation to other assets potentially recoverable by a liquidator.
6. Plan and execute a substantial research based project – whether by written submission to government or a court, advice to a client or an essay.
7. Understand and creatively use the tools available to identify, locate and either challenge or protect from challenge, assets sought to be recovered by a liquidator.
8. Design a comprehensive strategy to obtain evidence necessary to prove the existence and connection of assets.
Indicative AssessmentThese assessment options are interchangeable. For each course offering assessment options will be chosen totaling 100%, with at least 50% comprised of research based assessment.
Examples of possible assessment items includes:
1. Critically review and finalise a draft advice to a client / liquidator in light of available materials and relevant legal principles (4000 words (50%))
2. Prepare a submission to a Government Committee on an area of proposed law reform
(4000 words – 50%)
3. Prepare a court application, including affidavits and outline of submissions incorporating issues raised in the course as a capstone activity (up to 65%)
4. Oral (via audiolink or videolink) submissions to the (mock) Federal Court based upon material raised in the course (25%)
5. Four substantial postings (each 400 words) to discussion forums that will be created for each topic (20%).
6. Participation in other discussion forum that are separate from the forums to which the substantial posting is made (10%)
7. Extension essay (2500-3500 words) developing one of the core topics, with application within the legal insolvency context
8. Essay on a relevant area arising from the course content (2500 words / 30%)
9. Prepare an advice to client that applies relevant legal and evidentiary principles and devises a strategy for identifying and recovering assets, including responding to possible defences raised (2500 words / 30%).
The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
WorkloadThe number of hours allocated is 10-12 hours per week.
Requisite and Incompatibility
Prescribed TextsMaterials will be provided online and will include the materials identified within the topic areas above.
Assumed KnowledgeFundamental elements of the Australian corporate law and insolvency regime which would be covered in an undergraduate subject on Corporations Law. This course is not open to students in the Graduate Certificate of Law or the non-law masters programs. It is assumed students will have an undergraduate law degree to undertake this course.
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- Unit value:
- 6 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.
Offerings, Dates and Class Summary Links
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
|Class number||Class start date||Last day to enrol||Census date||Class end date||Mode Of Delivery||Class Summary|
|4106||15 Feb 2016||26 Feb 2016||31 Mar 2016||27 May 2016||Online||N/A|