School: Business and Law

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  • Unit Title

    Law of Corporate Insolvency and External Administration
  • Unit Code

    LAW3405
  • Year

    2022
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
  • Unit Coordinator

    Mr Anthony Joseph HEVRON

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 LMS. 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 School Progression Panel.

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

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 Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

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