Unit of Study


Insolvency Law
UoS CodeCLAW6006
Credit points6
OfferedSemester 2
PrerequisitesCLAW6002
LecturesThree hours of classes per week which may include one or more of the following: lectures; seminars; tutorials or workshops.
AssessmentAssignment,  Classwork,  Final Exam
DescriptionWhen a person (an individual or a corporation) is unable to pay their debts, the law provides a regime for determining the competing interests of stakeholders such as creditors. The unit examines the law relating to the bankruptcy of individuals and corporate insolvency. In relation to bankruptcy, it looks at the procedures for formal bankruptcy (creditors' and debtors' petitions) and the role of the trustee and creditors. Also explored are the arrangements with creditors outside bankruptcy (debt agreements and personal insolvency agreements). The unit then deals with the main regimes of corporate insolvency: receivers and other controllers, schemes of arrangement, voluntary administration and deeds of company arrangement and winding up. Further issues discussed include cross border insolvency and corporate group collapse.

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