LAWS 3031 Insolvency Law and Policy

This is an archived copy of the 2022-2023 catalog. To access the most recent version of the catalog, please visit https://hbook.westernsydney.edu.au.

Credit Points 10

Legacy Code 200659

Coordinator Timothy Mcgrath Opens in new window

Description The laws regulating insolvency administration have developed over time into an integral component of the legal system, domestic and international. By purposive analysis of the Australian and cross-border legislative provisions, this subject introduces the law and public policies by which regulators administer insolvent corporate entities and persons, and examines potential outcomes, including restructuring proposals.

School Law

Discipline Law, Not Elsewhere Classified.

Student Contribution Band HECS Band 4 10cp

Check your HECS Band contribution amount via the Fees page.

Level Undergraduate Level 3 subject

Pre-requisite(s) LAWS 3045

Learning Outcomes

On successful completion of this subject, students should be able to:

  1. assess the principles, rationale and objectives applicable to insolvency law and other areas of law relevant to the management of personal or corporate financial distress, including the duties of administrators and corporate officers.
  2. discuss the principles applicable to the obligations of companies relevant to insolvency practice, both domestic and international, including alternative administration procedures and the duties of directors and officers.
  3. critically analyze, apply and comment on areas of law and policy relating to personal and corporate insolvency and the interrelationship between economic theories and insolvency law.
  4. debate the investigative and enforcement procedures of the regulators and the principles of law and practice relating to claims, civil and criminal, against insolvent individuals and corporate insolvents, their property and agreements.
  5. formulate issues, theoretical and practical, relating to law reform, international treaties, resolutions and trends in insolvency law and policy.

Subject Content

Policies Historical Aspects
Courts Administration
Concepts Insolvency
Directors' Duties
Personal Insolvency
Corporate Administration
Mediation Aspects
Regulators Remedies
Receivership
Charges Trading
Liquidation
Employee Entitlements
Pooling Arrangements
Global Cross-border aspects

Assessment

The following table summarises the standard assessment tasks for this subject. Please note this is a guide only. Assessment tasks are regularly updated, where there is a difference your Learning Guide takes precedence.

Type Length Percent Threshold Individual/Group Task
Class Participation - active participation in group discussion 80% attendance is required, any absence must be reasonably explained. 10 Y Individual
Research Assignment 2,500 words 30 N Individual
Final Examination 2 hours 60 N Individual

Prescribed Texts

  • Murray, Michael and Jason Harris, Keay's Insolvency: Personal and Corporate Law (Thomson Reuters, 9th ed, 2016).

Teaching Periods

Structures that include subject