LAW 7176 - International Insolvency Law
North Terrace Campus - Quadmester 4 - 2019
General Course Information
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 Coordinator: Professor Christopher SymesProfessor (Dr) Christopher Symes
Rm 2.23 Ligertwood
office phone 83134452
The full timetable of all activities for this course can be accessed from Course Planner.
Course Learning OutcomesOn 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
Required ResourcesA 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 ResourcesThe 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 LearningThis 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 ModesLearning 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.
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 SummaryModule 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
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 practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
Assessment Task Task Type (Group or Individual) Due Weighting Length Redeemable Course Learning Outcome On line quiz indvidual
30% 60 questions No 1,3 Research Essay individual 8/11/19 70% 5000 words No 1-6
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.
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.
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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).
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.
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This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangement Policy
- Academic Honesty Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Elder Conservatorium of Music Noise Management Plan
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
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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.
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