LAW 7176 - International Insolvency Law

North Terrace Campus - Quadmester 4 - 2019

This course provides an understanding of international insolvency law using both the comparative law approach in exploring insolvency law in a number of selected countries representing a variety of different legal and socio-political traditions and then an approach of exploring the international aspects of insolvency law (in particular where assets, business interests and/or creditors of an insolvent enterprise are located in two or more jurisdictions). The emphasis will be mainly on corporate enterprise insolvency, paying special regard to the differing jurisprudence to the subject of business rescue, as an alternative to liquidation, and upon the use of insolvency procedures as an instrument of social and commercial policy. The course considers recent regional transnational insolvency rules and efforts at international regulation such as the UNCITRAL Model Law and the European Union Regulation on Insolvency Proceedings. It will consider the application of recent decisions in cross-border insolvency in Australia and elsewhere. There will be an opportunity to consider the history of cross border insolvency developed under national law and to explore past and current initiatives in the regulation of international insolvency.

  • General Course Information
    Course Details
    Course Code LAW 7176
    Course International Insolvency Law
    Coordinating Unit Adelaide Law School
    Term Quadmester 4
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Available for Study Abroad and Exchange Y
    Prerequisites Students without a Bachelor of Laws must have completed LAW 7177
    Course Description This course provides an understanding of international insolvency law using both the comparative law approach in exploring insolvency law in a number of selected countries representing a variety of different legal and socio-political traditions and then an approach of exploring the international aspects of insolvency law (in particular where assets, business interests and/or creditors of an insolvent enterprise are located in two or more jurisdictions). The emphasis will be mainly on corporate enterprise insolvency, paying special regard to the differing jurisprudence to the subject of business rescue, as an alternative to liquidation, and upon the use of insolvency procedures as an instrument of social and commercial policy.
    The course considers recent regional transnational insolvency rules and efforts at international regulation such as the UNCITRAL Model Law and the European Union Regulation on Insolvency Proceedings. It will consider the application of recent decisions in cross-border insolvency in Australia and elsewhere. There will be an opportunity to consider the history of cross border insolvency developed under national law and to explore past and current initiatives in the regulation of international insolvency.
    Course Staff

    Course Coordinator: Professor Christopher Symes

    Professor (Dr) Christopher Symes
    Rm 2.23 Ligertwood
    christopher.f.symes@adelaide.edu.au
    office phone 83134452
    phone 0407396070
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    On successful completion of this course students will be able to:
    1. Identify the key legal, economic and social aspects of international insolvency laws
    2. Explain, analyse and solve practical issues and problems associated with international insolvency laws
    3. Evaluate selected European and Asian insolvency law issues
    4. Gain awareness of international developments in theoretical issues
    5. Develop critcal thinking of cross border insolvency issues
    6. Apply excellent research skills in the areas of international insolvency laws and cross border insolvency.   
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1,2,3
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    2,5
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    1,2
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    1-6
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    1,3
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    1,4,5,6
  • Learning Resources
    Required Resources
    A Global View of Business Insolvency (2010, World Bank) Westbook, Paulus, Booth and Rajak

    No one book covers all aspects.

    There will be significant journal articles and book chapters made avialble on MyUni
    Recommended Resources
    The most helpful journal wil be International Insolvency Review which is avaiable in the Law Library.

    Students might also access INSOL World the quarterly magazine of INSOL International 
    Online Learning
    This course will be delivered on-line.

    There is a plan to record one day of material (2 modules) on Sunday October 20 and students are invited to attend so as to enable those who have indicated they wish to have some face to face teaching can expereince this with Professor Symes.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    Learning and teaching activities of 24 hours structured learning will be offered to students in this course in the form of readings, webinars, lectures online, and the optional attednace for one day. Research guidance will be avaiable webinar and via email.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging apprpriately with the course requriement.

    The University expects full time students (i.e. those taking 12 units per semester) to devote a total of 48 hours per week to their studies. This means you are expected to commit approaximately 10 hours of privae study in addition to your regular classes.

    Learning Activities Summary
    Module   Topic

    1           Introduction, Theory, History
    2           Personal Insolvency
    3           Corporate rescue and rehabilitation
    4           Initiatives in international Liquidation
    5           Employees and Environmental Issues
    6           Judicial and administrative arrangements
    7           Bank insolvency        
    8           Governance in the twilight zone and the future for insolvency
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary


    Assessment Task Task Type (Group or Individual)
    Due Weighting Length Redeemable Course Learning Outcome
    On line quiz indvidual

    28/10/19

    30% 60 questions No 1,3
    Research Essay individual 8/11/19 70% 5000 words No 1-6
    Assessment Detail

    On line Quiz 30%
    A quiz of 60 questions in multiple choice form to assess fundamental concepts and provide early engagement with the online course.

    Content from the first four modules will be assessed. One attempt only from a bank of questions.

    Research Essay 70%
    Word limit 5000 words

    The research paper may be on any aspect of international insolvency law. It must be either comparative or concentrate on cross border issues.

    The precise topic/title must be approved by the Coordinator, and advice will be given to those who need help choosing or framing a topic. Further crtieria for the research essay will be notified at the start of the course.

    Submission

    No information currently available.

    Course Grading

    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.

    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 Acess Adelaide at the end of each semester.

    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.


    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    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.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    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.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.