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Unit of study_
LAWS6159: Insolvency Law
2024 unit information
The unit provides an introduction to the mainly statutory law regulating insolvent companies to be found in the Corporations Act, 2001. It explores the objectives and key principles of insolvency law, the pari passu principle, the various forms of insolvent administration including informal workouts, liquidation, receivership, voluntary administration, schemes of arrangement, restructuring and associated procedures together with avoidance of transactions in insolvency. The unit also considers the impact of insolvency on existing contractual and proprietary rights from the perspective of employees, unsecured creditors, shareholders, trustees of trusts and third parties generally. The unit also considers cross border insolvency and the Cross Border Insolvency Act, 2008. The impact of the Personal Property Securities Act, 2009 is also analysed. The unit involves a significant component of statutory interpretation. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html
Unit details and rules
Managing faculty or University school:
Law
| Code | LAWS6159 |
|---|---|
| Academic unit | Law |
| Credit points | 6 |
|
Prerequisites:
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None |
|---|---|
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Corequisites:
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None |
| Prohibitions:
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CLAW6006 or LAWS3403 or LAWS3445 or LAWS5103 |
| Assumed knowledge:
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undergraduate law degree with good background in Australian corporate law |
At the completion of this unit, you should be able to:
- LO1. Critically analyse the key provisions of the Corporations Act 2001 (Cth) relating to insolvency.
- LO2. Synthesise and apply principles of insolvency law in diverse commercial contexts to formulate effective legal strategies in response to complex legal scenarios
- LO3. Critically examine and describe to an advanced level the commercial and legal challenges that arise during times of financial stress.
- LO4. Evaluate the competing interests and claims of various parties in insolvency scenarios
Unit availability
This section lists the session, attendance modes and locations the unit is available in. There is a unit outline for each of the unit availabilities, which gives you information about the unit including assessment details and a schedule of weekly activities.
The outline is published 2 weeks before the first day of teaching. You can look at previous outlines for a guide to the details of a unit.
Modes of attendance (MoA)
This refers to the Mode of attendance (MoA) for the unit as it appears when you’re selecting your units in Sydney Student. Find more information about modes of attendance on our website.
