Corporate Insolvency and Reconstruction

Subject 730-880 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Summer Term, - 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: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidate's background and experience.
Prerequisites: Prerequisites

Previous study in corporations law or equivalent is essential.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Mr Carl Moller
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Have a good understanding of the legal principles governing corporate insolvency
  • Have a good understanding of the various insolvency procedures (liquidation, receivership and administration) in practice
  • Appreciate issues that arise in insolvencies that have an international context, comparative insolvency law and the social implications of insolvency
  • 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.

Syllabus:

Principal topics will include:

  • Introduction: 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; 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; duties and liabilities of 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; international treaties and conventions.
Assessment:
  • Seminar participation (10%)
  • Research paper 10,000 words (90%) (1 May) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-880Corporate Insolvency and ReconstructionMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Have a good understanding of the legal principles governing corporate insolvency
  • Have a good understanding of the various insolvency procedures (liquidation, receivership and administration) in practice
  • Appreciate issues that arise in insolvencies that have an international context, comparative insolvency law and the social implications of insolvency
  • 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.

Syllabus:

Principal topics will include:

  • Introduction: 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; 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; duties and liabilities of 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; international treaties and conventions.
  • Seminar participation (10%)
  • Research paper 10,000 words (90%) (1 May) (topic approved by the subject coordinator)
Prerequisites

Previous study in corporations law or equivalent is essential.

N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Mr Carl MollerLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730880P12.500SummerNLawLaw730-880

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