LAWS5177 Insolvency Law
- 6 points
Availability Location Mode Not available in 2018 UWA (Perth) Face to face
- This unit examines the way the law deals with individuals and companies are facing financial difficulty. The subject covers the options available under both the Bankruptcy Act and Corporations Act as well as looking at how cross-border insolvencies are recognised and fit within the Australian legal system. Issues covered include what happens and what ought to be done when an individual or company is approaching insolvency or has become insolvent. Students study the major forms of insolvency administration within the broader commercial and social context of business failure, including the impact of insolvency on secured and unsecured creditors, employees and other stakeholders. Students are given the opportunity to refine their skills in problem solving and to develop critical perspectives on insolvency law.
This unit examines (1) forms on insolvency administrations for individuals including bankruptcy; (2) the various forms of external administration of insolvent companies including liquidation ,voluntary administration receiverships and schemes of arrangements; (3) the impact of insolvency on, and the rights of, secured and unsecured creditors, employees and other stakeholders; (4) the powers and duties of the different types of insolvency administrators; and (5) cross-border insolvency issues and the role of recognition of overseas insolvency administrations.
- Students are able to (1) identify the similarities, differences and relationship between the various forms of external administration of insolvent companies and individuals; (2) appreciate the commercial and legal issues that affect companies, and people who deal with them, during times of financial difficulty; (3) identify and balance the competing interests of different stakeholders involved in an insolvent estate; (4) demonstrate their understanding of personal and corporate insolvency laws by applying those laws to identify and solving problems across a range of commercial situations; and (5) evaluate and critically assess the effectiveness of existing law in balancing the competing interests of different stakeholders involved in an insolvent case.
- Typically this unit is assessed in the following ways: (1) class participation; (2) personal insolvency assignment; and (3) corporate insolvency assignment. If student numbers exceed a manageable level then an examination may replace the final assignment.. Further information is available in the unit outline.
Supplementary assessment is not available in this unit except in the case of a Juris Doctor Student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course.
- Unit rules
- for Juris Doctor students: LAWS4101 Legal Process, LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4106 Torts, LAWS4108 Foundations of Public Law, LAWS5106 Legal Theory and Ethics
LAWS4109 Legal Theory and Ethics, LAWS4104 Property, LAWS4107 Land Law and LAWS5104 Corporations Law; for all other postgraduate students: approval must be given by the unit coordinator
- Advisable prior study:
- LAWS5103 Equity and Trusts, LAWS4104 Property, LAWS4103 Contract
- LAWS3312 Corporate Insolvency
- Recommended reading
Bankruptcy Act 1966 (Cth)
Corporations Act 2001 (latest ed.)
Harris, J., Gronow, M., and Anderson, H. Insolvency Law: Commentary and Materials: Lawbook Co. 2015
Murray, M. and Harris, J. Keay’s Insolvency: Personal and Corporate Law and Practice, 8th edn: Thomson Reuters 2013 (or latest ed.)
- The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
- All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
- Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.