Australian insolvency law is dynamic. In recent years the introduction of the Personal Properties Securities Act, changes to insolvent trading defences, priority arrangements for employees and legislation to combat phoenix companies have given rise to new issues and challenges. This 10 week course builds on the Master of Legal Practice (MLP) course "Personal and Company Insolvency Law & Practice" and engages with these more complex legal issues at both a theoretical and practical level, giving students and practitioners in law and business / accounting insight into and understanding of this fascinating yet complex area.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Demonstrate mastery of theoretical knowledge regarding personal and corporate insolvency principles.
- Conduct research and synthesise complex factual information relating to insolvency processes to advise a client on the most appropriate approaches for their particular circumstances.
- 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.
- Creatively use the tools available to identify, locate and either challenge or protect from challenge, assets sought to be recovered by an insolvency practitioner.
- 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.
- 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: (30) [LO null]
- Critically review and finalise a draft letter of advice to a client / insolvency practitioner in light of available material and relevant legal principles (40) [LO 1,2,5]
- Prepare a submission to a Government Committee on an area of proposed law reform (40) [LO 1,3]
- 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) [LO 1,2,5]
- Written submission including legal argument on aspect of case file: (10-20% depending on which other assessment items are chosen) (20) [LO 2,3,5]
- Essay on a relevant area arising from the course content (35) [LO 1,2,3]
- Up to four substantial forum posts (400 words - 5% each) to discussion forums for each topic (5) [LO 1,2,4,5]
- Prepare a court application and supporting affidavit material, compliant with court procedures and rules of evidence (20) [LO 1,2,4,5]
- Participation in regular online discussion forums, including consideration of particular non-legal material relevant to the topic (10) [LO 1,2,5]
- Online quizzes (each CRS or 5% depending on topic) (5) [LO 1,2,4,5]
- Review of the course including legal principles, processes and practical applications ("Capstone") (2500 words - 30%) (30) [LO 1,3,6]
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.
Inherent Requirements
Not applicable
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)
Fees
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you 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). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- 34
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found 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 |
|---|---|
| 2021 | $4410 |
- International fee paying students
| Year | Fee |
|---|---|
| 2021 | $5880 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.