• Offered by ANU School of Legal Practice
  • ANU College ANU College of Law
  • Course subject Laws
  • Areas of interest Law, Legal Practice
  • Academic career PGRD
  • Mode of delivery Online

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.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

By the conclusion of the course it is intended that students who have successfully completed all of the course requirements will be able to:

1. Demonstrate mastery of theoretical knowledge regarding personal and corporate insolvency principles.
2. Conduct research and synthesise complex factual information relating to insolvency processes to advise a client on the most appropriate approaches for their particular circumstances. 
3. Plan and execute a substantial research based project, whether by written submission to a government body or a court, an advice to a client or an essay.
4. Creatively use the tools available to identify, locate and either challenge or protect from challenge, assets sought to be recovered by an insolvency practitioner.
5. Analyse and synthesise complex information and problems at a theoretical level to then develop, justify and apply solutions as an advocate by communicating effectively with the judiciary, lay witnesses and experts.
6. Consolidate theoretical knowledge and its practical application through a capstone critical review and comparison of insolvency principles applied during the course and the achieved outcomes.

Indicative Assessment

The Course will provide a range of assessment tasks which will vary from course to course to address the contemporary issues and legislative reform program from time to time. The assessments will always include a research component (essay / letter of advice involving analysis of legal principles).  If a capstone component is included it will look at particular themes within the course.  The research / capstone component will comprise at least 30%.

The individual assessment items will vary but will be drawn from tasks such as:
1.   Critically review and finalise a draft letter of advice to a client / insolvency practitioner in light of available material and relevant legal principles (3000 words - 40%) ILO 1, 2, 4
2.   Prepare a submission to a Government Committee on an area of proposed law reform (3000 words 40%)ILO 1, 3
3.  20 minute Oral submission to a court (such as an application to wind up / resist a statutory demand or to seek directions/ judicial advice based on material raised in the course (25%)  ILO  1, 2, 5
4.   Written submission including legal argument on aspect of case file: (10-20% depending on which other assessment items are chosen)  ILOs  2, 3, 5
5.  Essay on a relevant area arising from the course content (3000 words - 35%)ILO 1, 2, 3
6.  Up to four substantial forum posts  (400 words - 5% each) to discussion forums for each topicILO 1, 2, 4, 5
7.  Prepare a court application and supporting affidavit material, compliant with court procedures and rules of evidence (20%)ILO 1, 2, 4, 5
8.  Participation in regular online discussion forums, including consideration of particular non-legal material relevant to the topic (10%)ILO 1, 2, 5
9.  Online quizzes (each CRS or 5% depending on topic)ILO 1, 2, 4, 5
10.   Review of the course including legal principles, processes and practical applications ("Capstone") (2500 words - 30%) ILO 1, 3, 6
An example course assessment may include:
A.  Research Essay on a selected topic - 3200 words (40%)
B.  Participation in 4 assessable online forums (20%)
C.  Written submission and affidavit for an application to the Federal Court in relation to a trustee or liquidation event (eg challenge a liquidator's entitlement to assets or registration out of time under the PPSA, seek directions with respect to trust assets) (15%)
D.  Letter of advice to a client about possible claims and defences to a factual scenario provided (25%)

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.

Workload

This is a 6 unit course which is considered to have the equivalent full time student load (EFTSL) of 6/48 = 0.125.  The number of hours allocated to an EFTSL of 0.125 is 10-12 hours per week.All course materials will be available online.

The course requires continuous online participation throughout the course.  Students may be required to participate in online discussion forums and other online activities as well as a moot conducted via tele- or videoconference.

Requisite and Incompatibility

To enrol in this course you must be studying a: Master of Laws (7300XLLM, MLLM), Master of Laws specialising in International Law (7300XSINTL), Master of Laws specialising in Law, Governance and Development (7300SLGD), Master of Laws specialising in Environmental Law (7300SENVL), Master of Laws specialising in Government and Commercial Law (7300SGCL), Master of Laws specialising in International Security Law (7300SISL), Master of Laws in Migration (NLLML), Master of Laws in International Law (NLLIL), Master of Laws in Environmental Law (NLLEN), Master of Laws in Law, Governance & Development (NLLGD), Master of Laws in International Security Law (NLLSL), Master of Laws in Government and Regulation (NLLGR), Master of Laws (Legal Practice) (7312XLLMLP), Master of Diplomacy/Master of Laws (7883SINTL, 7883XLLM), Master of Legal Practice (MLEGP). OR Must be studying a: Master of Diplomacy/Master of International Law (7893MDIPL, 7893XMINTL), Master of International Law (7310XMINTL), Master of Environmental Law (7309XMENVL), Master of Law, Governance & Development (7317XMLGD), Master of International Security Law (7318XMISL), Master of Government and Commercial Law (7313XMGCL), Master of Legal Studies (7305XMLEGS), and completed LAWS8015 Fundamentals of Government and Commercial Law or LAWS8587 Legal Framework of Regulation. OR Must be studying a Juris Doctor (7330XJD, 7330HJD or MJD) and have completed or be completing five LAWS1000 level courses or five LAWS6100 level courses. OR Must be studying a Graduate Certificate of Law (CLAW) and have completed or are completing LAWS8586 Law and Legal Institutions and LAWS8587 Legal Framework of Regulation. OR Must be studying a Master of Military Law (MMILL) OR Must be studying a Juris Doctor (MJDOL) and have completed the course LAWS8712 Australian Public Law & International Law B Students undertaking any ANU graduate program may apply for this course. Enrolments are accepted on a case-by-case basis. Contact College for permission number.

Prescribed Texts

(Recommended) Annotated Corporations Act, Thomson Reuters or LexisNexis;
(Recommended) Symes Brown and Wellard Australian Insolvency Law:  Cases and Materials
(most recent edition) LexisNexis
(Recommended) Annotated PPSA (most recent edition)

Preliminary Reading

Most of the readings will be of legislation and case law which will be provided or referred to in WATTLE.  

Assumed Knowledge

Fundamental 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.

Fees

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:
3
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.

Units EFTSL
6.00 0.12500
Domestic fee paying students
Year Fee
2018 $3660
International fee paying students
Year Fee
2018 $5160
Note: Please note that fee information is for current year only.

Offerings, Dates and Class Summary Links

There are no current offerings for this course.

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