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Comparative Corporate Insolvency Law (LAWS90112)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable (login required)(opens in new window)
Contact information
June
Lecturer
Aurelio Gurrea-Martinez (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | June |
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Fees | Look up fees |
This subject provides a comprehensive analysis of corporate insolvency law from a functional and comparative approach, with a particular focus on the insolvency and restructuring frameworks existing in the United States, the United Kingdom, Singapore, Australia, the European Union, and various emerging markets and developing economies from Asia, Africa and Latin America.
It will be shown that, despite the legal, economic and institutional differences existing among countries, most insolvency systems seek to solve similar economic problems and they often use similar strategies to address those problems. Those strategies include the use of a moratorium, the availability of rescue financing, the existence of special rules for executory contracts and the approval of reorganisation plans, the avoidance of pre-bankruptcy transactions, and the imposition of special directors’ duties and liability in insolvency.
This subject will also examine the treatment of micro- and small enterprises in insolvency as well as the challenges, problems and solutions to deal with situations of cross-border insolvency and multinational corporate groups. We will conclude by providing a critical assessment of the Australian insolvency system.
Principal Topics will include:
- The role and goals of corporate insolvency law
- Debtor-friendly and creditor-friendly insolvency systems
- The design of insolvency proceedings and the rise of workouts and hybrid procedures
- Legal and contractual strategies to protect viable but financially distressed firms
- Viability of companies, financial restructuring and operational restructuring
- Ranking of claims in insolvency
- The treatment of micro and small enterprises in insolvency
- The avoidance of pre-bankruptcy transactions
- Directors’ duties ad liability in insolvency
- Cross-border insolvency and corporate groups
Intended learning outcomes
A student who has successfully completed this subject will:
- Explain and analyse the goals and function of corporate insolvency law, and how insolvency law can foster entrepreneurship, access to finance and economic growth.
- Recognise the economic problems that insolvency law seeks to solve and assess how different jurisdictions address those problems.
- Examine the insolvency regimes that exist in various jurisdictions with different legal, market and institutional environments.
- Distinguish between different restructuring options available for the reorganisation of viable but financially distressed firms.
- Devise advise to companies and investors when assessing insolvency risks and dealing with a situation of insolvency in any jurisdiction.
- Evaluate the economic desirability of an insolvency regime and formulate recommendations on how countries can improve their insolvency systems.
Generic skills
- Have an advanced understanding of the central rules, policies and principles of insolvency law from a comparative perspective and of the economic and social objectives attributed to the insolvency law system
- Critically examine, analyse, interpret and assess the effectiveness of current insolvency laws and policies and be an engaged participant in debates regarding contemporary and emerging issues in the field such as involuntary bankruptcies, voidable preferences, director liability, equitable subordination and corporate rescue.
- Have the cognitive and technical skills to independently examine, research and analyse contemporary and emerging insolvency law issues and to be able to critically evaluate and compare various jurisdictional solutions to common insolvency law problems.
Last updated: 10 April 2024
Eligibility and requirements
Prerequisites
Admission into a relevant Melbourne Law Masters program
Corequisites
None
Non-allowed subjects
Code | Name | Teaching period | Credit Points |
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No longer available |
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: 10 April 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Class participation | Throughout the teaching period | 10% |
Take-home examination
| Friday 2 August - Monday 5 August 2024 | 90% |
Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Last updated: 10 April 2024
Quotas apply to this subject
Dates & times
- June
Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 16 May 2024 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 13 June 2024 to 19 June 2024 Last self-enrol date 21 May 2024 Census date 14 June 2024 Last date to withdraw without fail 5 July 2024 Assessment period ends 5 August 2024 June contact information
Lecturer
Aurelio Gurrea-Martinez (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
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: 10 April 2024
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 Master of Laws Course Graduate Diploma in Corporate Law Course Graduate Diploma in Laws Course Graduate Diploma in Asian Law Course Master of Commercial Law - 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.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 10 April 2024