Note: This is an archived Handbook entry from 2009. Search for this in the current handbook
|Dates & Locations:|| |
This subject has the following teaching availabilities in 2009:Semester 2, - Taught on campus.
Timetable can be viewed here. For information about these dates, click here.
|Time Commitment:||Contact Hours: One 2-hour lecture per week |
Total Time Commitment: 120 hours
Legal Method and Reasoning; Principles of Public Law; Torts; Legal Theory; Obligations; Contracts; Property or in each case their Âequivalents.
|Recommended Background Knowledge:||None|
|Non Allowed Subjects:||None|
|Core Participation Requirements:||
For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.
It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support: http://services.unimelb.edu.au/disability
CoordinatorDr Michael John Gronow
An insolvency regime is a necessary part of the legal system in a capitalist economy. That is because a means is needed for dealing with businesses that fail, and individuals who cannot pay their debts. An insolvency regime is required to ensure that in those circumstances the insufficiency of assets is equitably distributed amongst the creditors. To ensure equitable distribution, liquidators and trustees in bankruptcy are given powers to enforce claims to assets and undo past transactions.
|Objectives:||On completion of this subject, students should be able to: 1. Understand the nature and operation of the regimes for personal and corporate insolvency presently operating in Australia. 2. Understand insolvency law in its economic, social and political context from perspectives including those of debtors, creditors, businesspeople, company shareholders and officers, insolvency practitioners and governments. 3. Conduct effective legal research in the area of insolvency law. 4. Use critical perspectives to understand and analyse a range of texts including statutes, cases, academic commentary and government reports. 5. Create structured and effective legal analyses and arguments to discuss hypothetical fact scenarios relating to insolvency. 6. Respond to policy and theoretical questions relating to insolvency law, including comparative insolvency law. 7. Discuss and evaluate reforms and proposed reforms of Australian insolvency law.|
A research assignment of 5000 words, 100% (due end of semester)OR a final examination of three hours, 100%.
Printed materials will be issued by the Faculty of Law
Corporations Act 2001.
Keay and Murray, Insolvency: Personal and Corporate Law and Practice, Thomson/LBC, 5th ed., 2005.
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
On completion of the subject, students should have developed the following generic skills:
In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:
On completion of this subject, students should have developed the following generic skills:
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