International Corporate Insolvency

Subject LAWS70343 (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:

April, 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.

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:
  • Introduction/recapitulation: What is insolvency/insolvency law?
  • Causes of insolvency: External/fraud/mismanagement
  • Creditor oriented system (United Kingdom, Netherlands, Australia) versus debtor oriented system (United States, France)
  • Proceedings from an international perspective: European insolvency regulation/UNCITRAL Model Law on Cross-Border Insolvency and relevant forum
  • Role and position of trustee/administrator versus debtor-in-possession
  • Role and position of creditors
  • Role and position of the court
  • Position of the bank, security interests and financing restructuring
  • Transfer of assets to Newco/composition and rescheduling of debt
  • Fraudulent/wrongful trading and director's liability
  • Termination of the proceedings.
Objectives:

A student who has successfully completed this subject should:

  • Have acquired knowledge of insolvency law in an international context
  • Have become familiar with the structure and principles of UNCITRAL Model Law on Cross-Border Insolvency and EU Insolvency Regulation 2000/1346
  • Have obtained basic knowledge of principles of private international law in the context of international corporate insolvency
  • Have received an insight in insolvency law from a civil law perspective with respect to various topics such as director's liability and secured creditors.
Assessment:

10,000 word research paper (100%) (8 July) 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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