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Corporate Insolvency and Reconstruction (LAWS70240)
Graduate coursework level 7Points: 12.5Off Campus
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
July
Lecturer
Mr Carl Möller (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | July - Off Campus |
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Fees | Look up fees |
The law of corporate insolvency plays a significant role in a modern economy. Recent economic downturns, coupled with high-profile corporate collapses, have emphasised its importance. However, several parliamentary and other enquiries have highlighted its inadequacies and shortcomings. This subject, taught by a lawyer who practises day-to-day in the area, will focus on current issues in corporate insolvency. It will be of particular relevance to practitioners whose work involves such issues—whether from the ‘back end’ (eg litigators) or ‘front end’ (eg transactional, banking or property lawyers who need to anticipate them).
Students will be expected to have some background knowledge in the subject matter before enrolling in this subject. At the least, they should have or obtain (for instance, by previous study in corporations law or by pre-subject reading) a general familiarity with the formal regimes (i.e. liquidation, administration and receivership) and relevant statutory provisions as a backdrop against which to consider those topics and issues.
Principal topics include:
- Foundations of insolvency law: History, philosophy, policies and principles
- Parri passu: The ranking of claims; priority creditors; the effect of secured credit
- Insolvency of corporate groups
- Avoidance of antecedent transactions
- Corporate rescue: Voluntary administration and deeds of company arrangement (DOCAs)
- Receivership; intersection with other insolvency regimes
- Restructuring: Schemes of arrangement, DOCAs and informal mechanisms.
- Qualification, regulation and supervision of insolvency practitioners
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the legal principles governing corporate insolvency
- Be capable of applying those principles in practical scenarios
- Have a detailed understanding of the various formal corporate insolvency procedures (liquidation, receivership and administration) and an appreciation of various informal procedures
- Develop a sophisticated appreciation of the societal implications of insolvency and the scope of practical issues that arise in corporate insolvencies
- Have the communication skills to clearly articulate and convey complex information regarding corporate insolvency laws to relevant specialist and non-specialist audiences
- Be an informed participant in debate regarding emerging and contemporary issues in the field, such as the rules of property law, security law and the principles of equity.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: Not available to JD students in 2018. Successful completion of the below subject:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50035 | Corporations Law | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Class participation (20%)
- Take-home examination (5,000 - 6,000 words) (80%) (16 - 19 November)
or - Research paper (8,000 - 10,000 words) (80%) (19 November) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- July - Off Campus
Principal coordinator Carl Moller Mode of delivery Off Campus Contact hours 24 - 26 hours Total time commitment 150 hours Teaching period 23 July 2018 to 21 October 2018 Last self-enrol date 30 June 2018 Census date 31 August 2018 Last date to withdraw without fail 12 October 2018 Assessment period ends 19 November 2018 July contact information
Lecturer
Mr Carl Möller (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Legal Studies Course Master of Commercial Law Course Master of Laws - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022