LA4037 - Bankruptcy and Insolvency

[Not offered in 2023]

This subject provides students with a thorough introduction to the history and processes of personal bankruptcy and corporate insolvency. The subject not only equips students with the skills necessary to find, interpret and apply the law in both its legislative and adjudicative modes but also addresses the subject matter from both practical and theoretical perspectives. Topics covered include: debt recovery generally, the genesis of personal bankruptcy, acts of bankruptcy, sequestration, administration of bankruptcy, distribution, priorities, alternatives to bankruptcy, corporate insolvency generally, receiverships, voluntary administration, liquidation and winding up, insolvent trading and ASIC's regulatory powers.

Learning Outcomes

• An ability to analyse and critique legal issues that arise with respect to personal bankruptcy and corporate insolvency from a range of perspectives including commercial practice and public policy considerations;
• Specific skills (theoretical and practical) in interpreting, applying and analysing statutory enactments, judicial precedents and policy relating to the law of personal bankruptcy and corporate insolvency;
• An awareness of the significance of personal bankruptcy and corporate insolvency laws in business situations.

Subject Assessment

• Written > Examination (centrally administered) - (70%) -
• Written > Test/Quiz 1 - (30%) - .

Note: Minor variations might occur due to the continuous Subject quality improvement process, and in case of minor variation(s) in assessment details, the Subject Outline represents the latest official information.