School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Law of Corporate Insolvency and External Administration
  • Unit Code

    LAW3405
  • Year

    2016
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus

Description

This unit considers in depth the law which enables third party intervention in the affairs of a company, usually on grounds related to the insolvency of that company. This law is based upon Chapter 5 of the Corporations Act which has a particular focus on corporate insolvency, but also includes the other forms of external administration mentioned below. In the introductory lecture some comparisons will also be made with the law on personal insolvency.

Non Standard Timetable Requirements

On-campus: The unit will be taught intensively over 2 blocks of 3 days (6.5 hours contact each day).

Prerequisite Rule

Students must pass 1 units from LAW3102

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyze the basic Corporations Act provisions on corporate insolvency and external administration.
  2. Compare and contrast the procedures for personal insolvency and corporate insolvency.
  3. Distinguish the procedures for external administration which depend upon corporate insolvency from those which are available in other circumstances.
  4. Identify the stake-holders in these procedures and compare their various rights and duties.

Unit Content

  1. Compulsory Winding-up by the Court: including procedures, insolvent trading and other means of recovering company property.
  2. Creditors Voluntary Winding-up.
  3. Introduction to concepts of corporate insolvency and external administration: including a brief comparison with the law on personal insolvency and bankruptcy.
  4. Members Voluntary Winding-up.
  5. Receivership.
  6. Scheme of Compromise or Arrangement: different from a Deed of Company Arrangement in 6 below.
  7. Voluntary Administration.
  8. Winding-up by the Court on grounds of injustice or oppression.

Additional Learning Experience Information

For On-Campus students, lectures will be used to introduce content, concepts and principles relevant to the subject and to provide direction to students in research. Tutorials will allow students to develop oral and written responses to lecture and research materials, and students are encouraged to work collaboratively in informal groups. There will be an emphasis on research and critical analysis of the relevant statutory provisions and the interpretation of those provisions in the courts. Students will be expected to exhibit an ability to undertake relevant self-directed research to generate and evaluate ideas and to consider corporate insolvency from multiple perspectives. Students are required to apply appropriate skills in oral and written communication. As a blended learning approach will be used in this unit, students will be expected to be well prepared for the intensive sessions. This will require pre-reading and research to ensure maximum participation. Off-campus students will access the unit via Blackboard. Regular online access is required.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
Participation Participation20%
ProjectMajor paper30%
ExaminationFinal Examination50%
ONLINE
TypeDescriptionValue
ParticipationParticipation20%
ProjectMajor paper30%
ExaminationFinal Examination50%

Text References

  • ^ Compulsory Statute. Australian Corporations and Securities Legislation – Latest Edition North Ryde. NSW: CCH Australia.
  • ^ Murray, M., & Harris, J. (2014). Keay's Insolvency: Personal and corporate law and practice (8th ed.). Prymont NSW:Thomson Reuters.
  • Gronow, M., & Mason, R. (2013). McPhersons law of company liquidations Electronic version. Thomson Reuters Looseleaf Service.
  • Symes, C.A.F., & Duns, J. (2012). Australian insolvency law (2nd ed.). Chatswood: LexisNexis Butterworths.
  • Austin, R.P., & Ramsay, I.M. (2014). Ford?s principles of corporations law. Electronic version. LexisNexis looseleaf.
  • Donovan. J. (2012). Company receivers and administrators. Thomson Reuters. (Looseleaf Service.)
  • Taylor, Ferrier and Hodgson. Australian insolvency management practice. (CCH Looseleaf Service.)

^ Mandatory reference


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW3405|1|1

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Law of Corporate Insolvency and External Administration
  • Unit Code

    LAW3405
  • Year

    2016
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus

Description

This unit considers in depth the law which enables third party intervention in the affairs of a company, usually on grounds related to the insolvency of that company. This law is based upon Chapter 5 of the Corporations Act which has a particular focus on corporate insolvency, but also includes the other forms of external administration mentioned below. In the introductory lecture some comparisons will also be made with the law on personal insolvency.

Non Standard Timetable Requirements

On-campus: The unit will be taught intensively over 2 blocks of 3 days (6.5 hours contact each day).

Prerequisite Rule

Students must pass 1 units from LAW3102

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyze the basic Corporations Act provisions on corporate insolvency and external administration.
  2. Compare and contrast the procedures for personal insolvency and corporate insolvency.
  3. Distinguish the procedures for external administration which depend upon corporate insolvency from those which are available in other circumstances.
  4. Identify the stake-holders in these procedures and compare their various rights and duties.

Unit Content

  1. Compulsory Winding-up by the Court: including procedures, insolvent trading and other means of recovering company property.
  2. Creditors Voluntary Winding-up.
  3. Introduction to concepts of corporate insolvency and external administration: including a brief comparison with the law on personal insolvency and bankruptcy.
  4. Members Voluntary Winding-up.
  5. Receivership.
  6. Scheme of Compromise or Arrangement: different from a Deed of Company Arrangement in 6 below.
  7. Voluntary Administration.
  8. Winding-up by the Court on grounds of injustice or oppression.

Additional Learning Experience Information

For On-Campus students, lectures will be used to introduce content, concepts and principles relevant to the subject and to provide direction to students in research. Tutorials will allow students to develop oral and written responses to lecture and research materials, and students are encouraged to work collaboratively in informal groups. There will be an emphasis on research and critical analysis of the relevant statutory provisions and the interpretation of those provisions in the courts. Students will be expected to exhibit an ability to undertake relevant self-directed research to generate and evaluate ideas and to consider corporate insolvency from multiple perspectives. Students are required to apply appropriate skills in oral and written communication. As a blended learning approach will be used in this unit, students will be expected to be well prepared for the intensive sessions. This will require pre-reading and research to ensure maximum participation. Off-campus students will access the unit via Blackboard. Regular online access is required.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
Participation Participation20%
ProjectMajor paper30%
ExaminationFinal Examination50%
ONLINE
TypeDescriptionValue
ParticipationParticipation20%
ProjectMajor paper30%
ExaminationFinal Examination50%

Text References

  • ^ Compulsory Statute. Australian Corporations and Securities Legislation – Latest Edition North Ryde. NSW: CCH Australia.
  • ^ Murray, M., & Harris, J. (2014). Keay's Insolvency: Personal and corporate law and practice (8th ed.). Prymont NSW:Thomson Reuters.
  • Gronow, M., & Mason, R. (2013). McPhersons law of company liquidations Electronic version. Thomson Reuters Looseleaf Service.
  • Symes, C.A.F., & Duns, J. (2012). Australian insolvency law (2nd ed.). Chatswood: LexisNexis Butterworths.
  • Austin, R.P., & Ramsay, I.M. (2014). Ford?s principles of corporations law. Electronic version. LexisNexis looseleaf.
  • Donovan. J. (2012). Company receivers and administrators. Thomson Reuters. (Looseleaf Service.)
  • Taylor, Ferrier and Hodgson. Australian insolvency management practice. (CCH Looseleaf Service.)

^ Mandatory reference


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW3405|1|2