LAW3312 Corporate Insolvency

The availability of units in Semester 1, 2, etc. was correct at the time of going to press but may be subject to change.

Credit: 6 points Availability: Semester 2 Old unit code: 200.312

Outcomes: Students are able to (1) identify the similarities, differences and relationship between the various forms of external administration of insolvent companies; (2) appreciate the commercial and legal issues that affect companies, and people who deal with them, during times of financial difficulty; (3) identify and balance the competing interests of different stakeholders involved in an insolvent estate; (4) demonstrate their understanding of corporate insolvency laws by applying those laws to identify and solve problems across a range of commercial situations; and (5) evaluate and critically assess the effectiveness of existing law in balancing the competing interests of different stakeholders involved in an insolvent case.

Content: This unit examines the way the law deals with companies in financial difficulty. In particular, what happens, and what ought to be done, when a company is approaching insolvency or has become insolvent. Students study the major forms of insolvency administration within the broader commercial and social context of business failure, including the impact of insolvency on secured and unsecured creditors, employees and other stakeholders.

Assessment: Students are required to participate in class, prepare quiz questions, sit a mid-semester test and submit a research paper.

Supplementary assessment is not available in this unit except in the case of a bachelor's pass degree student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course.

Unit Co-ordinator(s): Barbara Gordon

Location: UWA (Crawley)

Mode: on-campus

Unit Rules:

Prerequisites: LAWS3322 Corporations Law

Contact hours—seminars: 2 hrs per week; tutorials: 1 hr per fortnight

Unit Web Page: http://www.uwa.edu.au/page/103466

Note: Some unit web pages are still under construction and will be available in 2009.

Texts

Access to a copy of the Corporations Act 2001 is essential for this course.

Assistance with study skills, including English language skills, is available free of charge from Student Services for all enrolled students (see http://www.studysmarter.uwa.edu.au/). Student Services location: Second Floor, South Wing, Guild Village; telephone: 6488 2423.

Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary Reading', 'Recommended Reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. For first-year units the Bookshop will endeavour to make available photocopies of book lists for individual units. Books marked with an asterisk (*) are available in paperback.

Unit Resources

Unit Coordinator

Barbara Gordon