LAW 7115 - Insolvency Law
North Terrace Campus - Semester 1 - 2016
The course information on this page is being finalised for 2016. Please check again before classes commence.
General Course Information
Course Code LAW 7115 Course Insolvency Law Coordinating Unit Adelaide Law School Term Semester 1 Level Postgraduate Coursework Location/s North Terrace Campus Units 3 Contact Intensive Available for Study Abroad and Exchange Y Course Description The course will cover insolvency of corporations and individuals, and will include:
(1) An introduction to the theory, policy and history of insolvency law, and to its fundamental principles; (2) An introduction to the main forms of insolvency procedure for individuals (bankruptcy and its alternatives) and corporations (liquidation, voluntary administration, and receivership); (3) Issues in relation to personal insolvency including consumer bankruptcy, the property of the bankrupt 'estate', and the rights of bankrupts and restrictions upon them; (4) The role and duties of directors; (5) The regulation and reform of insolvency law and the profession, and 'globalisation' of insolvency law and practice through involvement of international bodies; (6) An introduction to cross-border insolvency.
By the end of the course students should have a grounding in the basic principles and rules of Australian insolvency law, an understanding of, and ability to evaluate, the key theoretical and policy issues affecting insolvency law and its reform, an appreciation of contemporary international developments, and an ability to research and analyse problems on Australian insolvency law.
Course Coordinator: Professor Christopher SymesProfessor (Dr) Christopher Symes
Room 2.23 Ligertwood Building
Phone 8313 4452
The full timetable of all activities for this course can be accessed from Course Planner.Note this course is intensive over two wekeends 09-10 April and 30 April - 01 May 2016.
Teaching will commence at 9.30am each day.
Material covered each day is found under 'Learning Activities Summary'.
Course Learning Outcomes
1. To further the student’s knowledge and understanding of personal and corporate insolvency law, practice and regulation
2. To further the student’s ability to understand, analyse and solve practical issues and problems associated with the personal and corporate insolvency law
3. To evaluate selected Australian personal and corporate insolvency law issues in the global context
4. To gain awareness of international developments in selected personal and corporate insolvency law issues
5. To develop critcial thinking using personal and corporate insolvency law
6. To apply excellent research skills
7. To further develop the capacity to evaluate and synthesis personal and corporate insolvency law from a wide variety of sources and expereinces.
8. To apply goog inter-personal and communication skills in the research for and delviery of oral presentations as a member of a team.
University Graduate Attributes
No information currently available.
As this is a Master level course there is no one text book that covers all aspects of corporate and personal insolvency at the depth explored in this course.
However, the undergraduate text Symes & Duns Australian Insolvency Law 3rd ed (2015)is certainly a useful, perhaps essential read.
There is also a companion casebook: Symes Brown - Welland Australian Insolvency Law Cases Materials.
Practitoners will often refer to Keay's Insolvency Personal and Corporate Law and Practice 8th ed (2013) by Murray and Harris - Australia
Insolvency law is dynamic so books can become out of date as far as detail is concerned, and some books are overseas texts, so bear that in mind when reading (e.g UK, US) .
Key relevant general texts are:
Finch, Corporate Insolvency Law, Perspectives and Principles, 2nd ed Cambridge (2009), UK
O’Donovan, Company Receivers and Administrators (looseleaf, 2 volumes)- (Aus) This is a practitioner book frequently updated
Australian Corporations Law (CCH, looseleaf)
Annotated Bankruptcy Act 1966 5th ed by Paul Nichols (Lexisnexis)
Fletcher, The Law of Insolvency 4th ed (2009) UK
Other leading Australian Company Law textbooks (e.g. Ford, or Lipton, Herzberg and Welsh) will contain introductory chapters on insolvency law.
Recommended ResourcesJournals that are important in Insolvency Law include
Insolvency Law Journal (Thomson Reuters, Aus)
Insolvency Law Bulletin (Lexisnexis, Aus)
International Insovlency Review (INSOL published in UK)
Insolvency Law and Practice (UK)
Insolvency Intelligence (UK)
Australian Insolvency Journal (Jounral of IPA/ARITA
Company and Securities Law Journal (Aus)
On-line sites that are important include
Large lawfirms in Australia will have webpages dedicated to Restructuring and Insolvency matters.
For example see claytonutz.com.au
Learning & Teaching Activities
Learning & Teaching Modes
No information currently available.
No information currently available.
Learning Activities SummaryApril 9th 2016 Day One (Morning)
(1) An introduction to the theory, policy and history of insolvency law, and to its fundamental principles;
Day One (Afternoon)
(2) An introduction to the main forms of insolvency procedure for individuals (bankruptcy and its alternatives) and corporations (liquidation, voluntary administration, and receivership);
April 10th 2016 Day Two (Morning)
(3) Issues in relation to personal insolvency including consumer bankruptcy, the property of the bankrupt ‘estate’, alternatives to bankruptcy, and the rights of bankrupts and restrictions upon them;
Day Two (Afternoon)
(4) The role and duties of directors;
April 30th 2016Day Three (Morning)
(5) The position of security and rights and duties of secured creditors;
Day Three (Afternoon)
(6) The regulation and reform of insolvency law and the profession, ethical issues, and ‘globalisation’ of insolvency law and practice through involvement of international bodies.
May 1st 2016 Day Four (Morning)
(7) An introduction to cross-border insolvency
Day Four (Afternoon)
The University's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment must maintain academic standards.
Assessment SummaryClass Participation 10% ongoing April - May 1st 2016
Presentations 30% May 1st 2016
Research Essay 60% June 4th 2016
Assessment DetailParticipation in Class – 10%
Students are expected to attend all classes, other than where there is a medical or similar reason (work commitments are not acceptable as an excuse). Where you are unable to attend class you should ring or email me in advance.
Participation will be assessed in terms of overall contributions to class discussion and/or online. Further details of criteria for participation will be made available at the start of the course and on MyUni course site.
Group Presentations -30%
Assessment will be based on the oral presentation (further advice and guidance to follow on criteria and format) and accompanying written paper of a maximum 1500 words, which paper must be distributed to all class members and myself in class on May 1st 2016 at 9.30am.
Presentations will be allocated from a list of topics distributed by me in the first class.
Research Assignment - 60%
Word limit: 6000 words.
The research paper may be on any aspect of insolvency law you choose, and can build upon your earlier presentation/paper if you wish. The precise topic/title must be approved by me, and advice will be given to those who need help choosing or framing a topic. Further criteria for the research assignment will be notified at the start of the course.
Due Date: 2 pm on Monday 4th June
No information currently available.
Grades for your performance in this course will be awarded in accordance with the following scheme:
M10 (Coursework Mark Scheme) Grade Mark Description FNS Fail No Submission F 1-49 Fail P 50-64 Pass C 65-74 Credit D 75-84 Distinction HD 85-100 High Distinction CN Continuing NFE No Formal Examination RP Result Pending
Further details of the grades/results can be obtained from Examinations.
Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.
Final results for this course will be made available through Access Adelaide.
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Lex Salus Program
Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro. Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.
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Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
Plagiarism and other forms of cheating
- Academic Credit Arrangement Policy
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- Assessment for Coursework Programs
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- Modified Arrangements for Coursework Assessment
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
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