Professor (Dr) Christopher Symes
room: 223 Ligertwood Building
email: christopher.f.symes@adelaide.edu.au
phone: 83134452

This course is taught in one teaching 3 hour period per week. Tuesdays between 2-5pm 

On successful completion of this course, students will be able to:

1. Identify the key legal,econmoic and social concepts and practices used by bankruptcy trustees and personal insovency administrators
2. Apply statutory interpretation tools to the Bankruptcy Act
3. Explain the commencement, process, consequences, annulment and discharge of bankruptcy   
4. Make logical and compelling decisons on the makeup of a bankruptcy estate and which claims of antecedent transactions to pursue
5. Explain clearly and concisely in writing the role and limitations of cross border insolvency with critical thinking
6. Apply excellent research skills

 

Symes and Duns, Australian Insolvency Law (LexisNexis, 3rd ed), 2015 ISBN 9780409341669

updates to this book will be provided during the course as some laws have changed

Nicholas, Annotated Bankruptcy Act 1966 (LexisNexis, 6th ed), 2015 ISBN 9780409339505

a new edtion would be expected in 2018 due to changes in the law

Symes Brown & Wellard Australian Insolvency Law Cases and Materials book (LexisNexis) 2016 helpful ISBN 9780409340457

Murray & Harris, Keay’s Insolvency (Personal and Corporate Law and Practice), 10th edition 2017, Lawbook Co Parts I-III ISBN 9780455239811

Students may find the casebook Insolvency Law Commentary and Materials 2015 Lawbook Co by Harris, Gronow & Anderson helpful as a resource

Materials will be available from MyUni included a number of further readings

Students are expected to check MyUni regularly and often to keep up to date with these materials and additional learning resources throughout the duration of the course.

MyUni will be used to upload audio recordings of lectures where available and the accompanying powerpoint slides. Assignments will also be available from MyUni.

Lectures will generally take the form of an outline of the topic and its key issues. Students are expected to keep up with the corresponding reading in Symes and Duns, or as otherwise indicated by the lecturer. The lecturer may provide outlines, ppt slides and additional material.


Seminars will concentrate on in-depth consideration of questions, including problem solving, that have been provided in advance of the seminar. The previous week's lecture material will be the main concentration for the following week's seminar. Students are expected to read cases and the other materials and questions set prior to the seminar. Seminars are an important component of your learning in this course and therefore it is in your interests to make every effort to attend them and particpate. The communication skills developed in seminars by regularly and actively participating in discussions are considered to be important by the School, and are highly regarded by employers and professional bodies.

On-line activities - Each student will be required to undertake and submit on MyUni one case comment and one essay.

  

Contact time: 3 hours where a lecture followed by a seminar will be delivered each Tuesday afternoon. This amounts to 36 hours of formal class time.

Preparation Time: In addition to formal classes it is anticpated that students will do substantial indpenedent work to prepare for classes and to complete the two pieces of assessment. This is a 3 unit course and so at least another 12 hours could be expected to make 48 hours per week for full time students.   

Week	Lectures	Readings	Seminars
1	Introduction, History, Theories	S&D 1, 2	Stigma
2	Bankruptcy Administration	S&D 2, Additional	Theories
3	Alternatives to Bankruptcy	S&D 5	AFSA
4	Process Commencement	S&D 2	Parts IV, X
5	Consequences	S&D 2, 4	Bankruptcy notices
6	Powers of investigation	S&D 4	Consequences
7	Property of Estate	S&D 3	Examinations
8	Distribution	S&D 4	Identifying property
9	Bankruptcy Trustee	S&D 2	Priorities
10	Remuneration	S&D 4 , Additional	Registering trustees
11	Voidable transactions	S&D 3	Calculating income contributions
12	Discharge, Offences	S&D 2, 6	Recovering voidable transactions

Assessment Task	Task Type (Group or Individual)	Due	Weighting	Redeemable (Yes/No)	Length	Course Learning Outcome
Case Comment	Individual	April 9 2018	50%	No	1,000words	1,2,3,6
Research Essay	Individual	June 12 2018	50%	No	3,000words	1,2,3.4,5,6

Case Comment
Each student will write a case comment on a recent case from Part 1-IV of the Bankruptcy Act. There will be a guide avaiable on MyUni that assists in the choice and preparation of the Comment. The comment will be submitted using turntin software. It is worth 50% of the final mark. Word length 1000 words.

Research Essay
Essay topics will be posted on MyUni on Tuesday 27 February 2018.  There will be a choice of 10 topics and in addition, students may be permitted to write an alternative agreed topic of their choice. The essay is to be submitted using turnitin software. It is worth 50% of the final mark. Word Length 3,000 words.

The essay will be marked according to the student's ability to source, collate and analyse relevant secondary material, their demonstrated ability to understand the relevant law and their critical discussion. Marks will be awarded for lucidity of expression, logical flow, structure of discussion, argument, strict compliance with AGLC and good English expression.
 

Students must retain a copy of all assignments submitted.

All assignments in this course are to be submitted in hard copy and electronically through Turnitin. All hardcopy submissions must be accompanied by the Assignment Cover Sheet that sets out the word length, and contains a signed declaration that the assignment consists of the student’s own work. A student’s results will be withheld until such time as the student has signed the Assignment Cover Sheet. Markers can refuse to accept assignments which do not have a signed acknowledgement of the University’s policy on plagiarism.

Details for electronic submission through Turnitin will be provided with the assignment instructions.

All written work in the Law school is required to comply with the approved Law School style guide, The Australian Guide to Legal Citation.

Extensions: Requests for extensions must be made electronically according to law school policy. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.

Penalties:

1. Late Submission: Submission penalties of 5% (of the total mark of the assignment) each day (or part thereof) will be deducted for late submission (including weekends and public holidays), (ie an essay graded 63% will have 5 % deducted if it is one day late, for a final mark of 58%, 10% if it is two days, etc).
2. Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks available per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc).  Words are calculated including all footnotes and headings within the text but excluding cover page information.  Quotations and all referencing information are included in the word count.

Turnaround time: The interim assignment for this course will be returned to students within 2 weeks of the submission date. Group feedback, together with written, individual feedback will be provided, from which students can learn from in the final assignment. The final assignment will be returned to students within 4 weeks of the submission date with written individual feedback. Students will be notified by email when assignments are ready for collection from the Law School Front Office.

Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

• assurance of the qualifications of markers, and their knowledge of the content covered in each course;
• detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
• sharing of example marked assessments at various grade bands across markers;
• reviewing of selected marked assessments from each marker by the course coordinator;
• comparison of the marks and their distribution across markers;
• automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
• the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program

Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support

The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.

Academic Honesty

Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.

Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.