• Class Number 6621
  • Term Code 3170
  • Class Info
  • Unit Value 6 units
  • Mode of Delivery Online
    • Dr Akshaya Kamalnath
  • Class Dates
  • Class Start Date 12/10/2021
  • Class End Date 31/12/2021
  • Census Date 29/10/2021
  • Last Date to Enrol 25/10/2021
SELT Survey Results

This course will examine the basic concepts and principles informing corporate insolvency regimes to identify and evaluate the incentives embedded in them and the goals sought to be achieved. Perspectives from other jurisdictions will be used, where relevant, to evaluate corporate insolvency processes and outcomes. Topics to be discussed include:

  • Theories and goals of corporate insolvency
  • Rescue versus liquidation
  • Incentives to initiate corporate insolvency processes
  • Director liability
  • Insolvency professionals

Learning Outcomes

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

  1. Investigate and critically evaluate corporate insolvency theories and principles.
  2. Reflect critically on corporate insolvency processes.
  3. Explore and review developing issues and debates with respect to corporate insolvency and the management of corporate assets (for example cryptocurrencies).
  4. Critically analyse and assess complex information at a theoretical level to develop understanding of and problem solving skills with respect to corporate insolvency and communicate solutions to a variety of audiences.
  5. Plan and conduct legal research on practical and policy questions relating to corporate insolvency.

Required Resources

Available via the course reading guide in the Wattle site

Michael Murray and Jason Harris, Keay’s Insolvency: personal and corporate law and practice. (Lawbook co Thomson Reuters, 10th ed, 2018)

Christopher Symes, David Brown, and Sulette Lombard. Australian insolvency law. (LexisNexis Butterworths, 4th ed, 2019) 

Staff Feedback

Students will be given feedback in the following forms in this course:

  • written comments
  • verbal comments
  • feedback to whole class, groups, individuals, focus group etc

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Class Schedule

Week/Session Summary of Activities Assessment
1 Week 1: 12 October 2021 Aims of insolvency; Theories; Covid and post-covid reforms; Rescue versus liquidation.
2 Week 1: 13 October 2021 Directors’ duties; Litigation funding; Social stakeholders.
3 Week 1: 14 October 2021 Winding up/ liquidation; Assets available to the liquidator; Termination of the winding up.
4 Week 2: 18 October 2021 Voluntary administration; Scheme of Arrangement; Processes in other jurisdictions including pre-packs.
5 Week 2: 19 October 2021 SME rescue.
6 Week 2: 20 October 2021 Covid reforms; Insolvency practitioners.
7 Week 3: 1 November 2021 Crypto assets; space insolvency; Airline insolvencies.
8 Week 3: 2 November 2021 Group insolvency; Mediation; Crossborder insolvency law.

Assessment Summary

Assessment task Value Due Date Return of assessment Learning Outcomes
Contribution to an Online Blog Post 30 % 25/10/2021 01/11/2021 1,2,3,4
Peer Response to Blog Post 10 % 01/11/2021 08/11/2021 1,2,3,4
Research Essay 60 % 16/12/2021 17/01/2022 1,2,3,4,5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details


ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

Assessment Requirements

The ANU is using 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. For additional information regarding Turnitin please visit the Academic Integrity . In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.


For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program. Students are expected to attend all classes.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend. 

Assessment Task 1

Value: 30 %
Due Date: 25/10/2021
Return of Assessment: 01/11/2021
Learning Outcomes: 1,2,3,4

Contribution to an Online Blog Post

Brief Description: This task requires you to reflect on one of the following topics: (i) rescue versus restructuring; (ii) directors' duties in the zone of insolvency; (iii) the aims of insolvency law.

Nature of Task: This task is compulsory. Non-completion of this task will result in a 0 for this assessment task. Due to the nature of the task, late submission or extension is not permitted.

Word Limit: 1,800

Release: 12 October 2021

Due date: 5pm, Monday 25 October. Posts must be submitted to both Turnitin and the dedicated assessment discussion forum.

Weighting: 30%

Estimated return date: 01 November 2021

Assessment Criteria:

  • Understanding of and reflection about the material taught in the course;
  • Ability to make connections across the materials;
  • Clarity and conciseness; and
  • Expression.

Assessment Task 2

Value: 10 %
Due Date: 01/11/2021
Return of Assessment: 08/11/2021
Learning Outcomes: 1,2,3,4

Peer Response to Blog Post

Brief Description: This task requires you to comment on any one of your peers' blog posts (assessment 1 output). The comment must present an argument that is either different from or extends the argument in the original post, and must be based on research beyond what is used in the original post.

Nature of Task: This task is compulsory. Non-completion of this task will result in a 0 for this assessment task. Due to the nature of the task, late submission or extension is not permitted.

Word Limit: 600-800 words

Release: Friday 22 October 2021

Due date: 5pm, Monday 1 November. Submitted to Turnitin, with the additional option of posting to the forum for feedback.

Weighting: 10%

Estimated return date: 8 November 2021

Assessment Criteria:

  • Understanding of and reflection about the material taught in the course;
  • Ability to critically evaluate a short research article;
  • Ability to make connections across the materials;
  • Clarity and conciseness; and
  • Expression.

Assessment Task 3

Value: 60 %
Due Date: 16/12/2021
Return of Assessment: 17/01/2022
Learning Outcomes: 1,2,3,4,5

Research Essay

Brief Description: Suggested essay topics will be provided on Wattle as soon as possible. You have the option of choosing your own topics pending convenor’s approval. 

Nature of Task: This task is compulsory. Non-completion of this task will result in a 0 for this assessment task. Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof.

Word Limit: 3,600 words - 4,000 max

Release: Suggested essay topics will be provided on Wattle, with the option of choosing your own topics pending convenor approval by the 2nd of November.

Due date: 5pm, Thursday 16 December 2021.

Weighting: 60%

Estimated return date: 17 January 2022

Assessment Criteria:

a)      Understanding of the Issues

  • addresses the question and covers the salient, relevant and important points;
  • evidence of close consideration of the question and the research materials drawn on;
  • issues raised by the topic are clearly and concisely identified;
  • material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively.

b)      Communication and Development of Argument

  • shows a clear theme or argument;
  • argument(s) logical and well-organised;
  • ideas/paragraphs linked coherently.

c)      Argument/Analysis

  • originality of ideas and critical analysis of the material;
  • complexity and insight in dealing with theory/ideas;
  • suggestions for change where appropriate;
  • interdisciplinary perspective where appropriate;
  • addressing opposing arguments;
  • well-reasoned conclusions.

d)      Research

  • research covering primary and secondary materials;
  • good organisation of sources and ability to synthesise all the research materials used;
  • use of theoretical material where appropriate;
  • range of research sources;
  • integration of material from research resources into the essay.

e)      Presentation, style and referencing

  • good use of structure, section headings and paragraphs;
  • clarity and conciseness of expression, interesting and engaging of reader;
  • use of appropriate terminology and correct grammar, syntax and spelling;
  • full and accurate footnotes together with a bibliography;
  • style according to Australian Guide to Legal Citation where appropriate;
  • adherence to word limit.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

  • Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
  • Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
  • Late submission is not accepted for test or examinations.
  • Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per day or part thereof.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

Dr Akshaya Kamalnath

By Appointment

Responsible Officer: Registrar, Student Administration / Page Contact: Website Administrator / Frequently Asked Questions