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
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 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2018 | $3660 |
- International fee paying students
| Year | Fee |
|---|---|
| 2018 | $5160 |
Offerings, Dates and Class Summary Links
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