Corporate Insolvency and Reconstruction

Subject LAWS70240 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

Semester 2, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Coordinator

Prof Ian Ramsay

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

Principal topics will include:

  • The aims of insolvency law, historical background, basic concepts and definitions
  • Assets available for distribution: The ranking of claims, proprietary and non-proprietary claims and their significance, equitable interests, retention of title, set-offs and other forms of quasi-security
  • Groups of companies and the liability of officers: Pooling, directors' duties and liability for insolvent trading
  • Liquidation: Winding up in insolvency
  • Avoidance of antecedent transactions
  • Corporate rescue: Voluntary administration and deeds of company arrangement
  • Receivers and agents: Appointment, duties and liabilities of receivers and liquidators
  • Employee entitlements
  • Schemes of arrangement
  • Directions to liquidators, receivers, administrators and deed administrators
  • Insolvency in an international context: The United States Chapter 11 and the United Kingdom administration procedures as comparative studies and cross-border insolvency.
Objectives:

A student who has successfully completed this subject should:

  • Have a good understanding of the legal principles governing corporate insolvency
  • Have a good understanding of the various formal corporate insolvency procedures (liquidation, receivership and administration) and an appreciation of various informal procedures
  • Appreciate the societal implications of insolvency and the scope of practical issues that arise in corporate insolvencies
  • Be able to see other areas of law from a fresh viewpoint, e.g. the rules of property law, security law and the principles of equity.
Assessment:

Take-home examination (100%) (19-22 November)
or
10,000 word research paper (100%) (22 November) on a topic approved by the subject coordinator
Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

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