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LA4037 - Bankruptcy and Insolvency

Credit points: 3
Year: 2011
Student Contribution Band: Band 3
Administered by: School of Law Office

This subject provides students with a thorough introduction to the history and processes of 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 bankruptcy, acts of bankruptcy, sequestration, distribution, priorities, arrangements, corporate insolvency generally, receiverships, voluntary administration, liquidation and winding up, insolvent trading and cross-border insolvency.

Learning Outcomes

  • An ability to analyse and critique legal issues that arise with respect to 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 insolvency;
  • An awareness of the significance of insolvency laws in business situations.

Graduate Qualities

  • The ability to think critically, to analyse and evaluate claims, evidence and arguments;
  • The ability to adapt knowledge to new situations;
  • The ability to define and to solve problems in at least one discipline area;
  • The ability to lead, manage and contribute effectively to teams;
  • The ability to speak and write logically, clearly and creatively;
  • A coherent and disciplined body of skills, knowledge, values and professional ethics in at least one discipline area;
  • The ability to learn independently and in a self-directed manner;
  • A commitment to lifelong learning and intellectual development;
  • The ability to deploy critically evaluated information to practical ends;
  • An understanding of the economic, legal, ethical, social and cultural issues involved in the use of information;
  • The ability to select and organise information and to communicate it accurately, cogently, coherently, creatively and ethically;
  • The ability to communicate effectively with a range of audiences;
  • The ability to work individually and independently;
  • The ability to select and use appropriate tools and technologies;
  • The ability to use online technologies effectively and ethically.
Prerequisites: LA3106 or CO2502 or BU2112
Inadmissible
Subject
Combinations:
CO3515 AND BX3114

Availabilities

Townsville, Block, Study Period 10
Census Date 08-Dec-2011
Face to face teaching (Teaching on the following days: 28th, 29 Nov and 1st, 2nd, 5th, 6th, 8th and 9th Dec)
Coordinator: Professor Stephen Graw
Workload expectations:
  • 26 hours lectures
  • 12 hours tutorials
Assessment: end of semester exam (50%); tutorial attendance and participation (10%); assignments (25%); online discussion bouard (15%).
Restrictions: Enrolment in this offering is restricted.

Cairns, Block, Study Period 10
Census Date 08-Dec-2011
Face to face teaching (Teaching on the following days: 28th, 29 Nov and 1st, 2nd, 5th, 6th, 8th and 9th Dec)
Coordinator: Professor Stephen Graw
Workload expectations:
  • 26 hours lectures
  • 12 hours tutorials
Assessment: end of semester exam (50%); tutorial attendance and participation (10%); assignments (25%); online discussion board (15%).
Restrictions: Enrolment in this offering is restricted.

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.