LLH474 Insolvency Law
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLH474 |
|---|---|
| Prerequisite(s): | LLH305. LLH305 can be studied in the same teaching period as LLH474. |
| Antirequisite(s): | LWB307 |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $2,040 |
| Pre-2021 CSP student contribution | $1,597 The pre-2021 commonwealth supported place (CSP) contribution amount only applies to students enrolled in a course prior to 2021. To learn more, visit our Understanding your fees page. |
| Domestic tuition unit fee | $3,024 |
| International unit fee | $4,044 |
Unit Outline: Semester 2 2024, Gardens Point, Internal
| Unit code: | LLH474 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLH305. LLH305 can be studied in the same teaching period as LLH474. |
| Anti-requisite: | LWB307 |
| Coordinators: | Nicola Howell | nicola.howell@qut.edu.au Elizabeth Streten | elizabeth.streten@qut.edu.au |
Overview
An understanding of the principles of insolvency and restructuring law will assist you to gain a more complete grasp of the legal system, particularly in a commercial context. Knowledge of the law as it applies to both personal and corporate insolvency provides opportunity to develop your skills in a range of legal areas as well as providing a base for those interested in working in this specialised field.
Learning Outcomes
On successful completion of this unit you will be able to:
- Explain the development and the operation of personal and corporate insolvency law and how it has evolved in a wider social, economic and international context (CLOs 1.1 and 1.4)
- Apply relevant legal principles and the rules and principles of statutory interpretation to resolve complex problems about insolvency law, and effectively communicate the possible resolutions and the legal justification (CLOs 1.1, 2.1, 2.2, 2.3 and 4.1)
- Manage, complete and evaluate a research project by using the appropriate research methodology, involving the selection and appraisal of relevant primary and secondary sources (CLOs 3.1, 3.2, 3.3)
- Communicate analysis and reasoning effectively in written form (CLOs 4.1).
Content
- The principles of insolvency law
- Personal insolvency: bankruptcy initiation, its effects and termination
- Personal insolvency: formal Part IX and X arrangements with creditors
- Corporate insolvency: liquidation types, the winding up process and its effects
- Secured creditor appointments: receivership
- Corporate insolvency and restructuring: voluntary administration and deeds of company arrangement and schemes of arrangement
- International insolvency issues.
Learning Approaches
This unit employs an active and collaborative approach to learning and involves an online, self-led learning practice. Prior to live workshops, you will be supported and engaged in this unit through the delivery of weekly snapshots of unit material, podcasts delivered by experts, interactive quizzes and formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.
Your participation in this unit includes:
- Engagement with online materials, including podcasts, online activities and readings that you will complete at your own pace to provide you with an understanding of the relevant law.
- Discussion in live workshops where you will develop your understanding of the law and practise by applying the law to factual scenarios. A recording of workshop material will also be provided to all students for revision purposes.
- Collaboration with peers and teaching staff to network and share your understanding of the unit content.
Feedback on Learning and Assessment
Feedback on the development of your understanding of the content learnt in this unit is provided through:
- the live workshops and recordings.
- interaction with the teaching team and other students in the live workshops and discussion forums.
- interactive self-paced online learning activities that enable you to self-test your understanding of the unit content.
- the general and individual feedback on your assessment tasks.
- the option of consultation with a member of the teaching team.
Assessment
Overview
To access the Law Faculty Assessment Information, see the Canvas site for this unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Problem-solving Task - Training Document
You are acting in the role of a solicitor for a law firm that provides general legal services to various clients, and have been assigned the task of training the firm's legal staff on a matter relevant to insolvency law.
You will analyse a relevant legal issue and apply legal rules to develop a training document that can be used by legal staff in preparing their advice to clients on insolvency matters.
This assignment is eligible for the 48 hour late submission period and assignment extensions.
Assessment: Internal Memo
Acting in the role of a solicitor in a law firm that provides general legal advice on insolvency matters, you have been assigned the task of preparing an internal memorandum of advice on a matter relevant to insolvency law.
In preparing your memorandum of advice, you will be required to research an area of insolvency law using an appropriate legal research methodology, and evaluate your research approach.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Online resources for this unit are available on Canvas.
Resource Materials
Prescribed text(s)
Michael Murray and Jason Harris, Keay's Insolvency: Personal and Corporate Law and Practice (Thomson Reuters, current edition)
Australian bankruptcy legislation from any publisher and the most recent edition
Australian corporations legislation from any publisher and the most recent edition
Recommended text(s)
LexisNexis Annotated Acts: Annotated Bankruptcy Act 1966 (LexisNexis Butterworths, current edition)
LexisNexis, Austin & Black's Annotations to the Corporations Legislation (current edition) OR Thomsons Reuters, Corporations Legislation (current edition, includes key section annotations)
Christopher Symes and John Duns, Australian Insolvency Law (LexisNexis Butterworths, current edition)
David Brown, Christopher Symes and Mark Wellard, Australian Insolvency Law: Cases and Materials (LexisNexis Butterworths, current edition)
Michael Murray, CCH Australia, Australian Insolvency Management Practice (CCH Australia - online subscription service). Go to CCH IntelliConnect from the Library database page for online access to this title.
PP McQuade and MGR Gronow, Thomson Reuters, Australian Bankruptcy Law and Practice (Thomson Reuters - online subscription service). Go to Westlaw AU from the Library database page for online access to this title.
PP McQuade, Thomson Reuters, Bankruptcy in Australia - A Guidebook (Thomson Reuters - online subscription service). Go to Westlaw AU from the Library database page for online access to this title.
MGR Gronow and S Maiden, Thomson Reuters, McPherson's Law of Company Liquidation (Thomson Reuters - online subscription service). Go to Westlaw AU from the Library database page for online access to this title.
J O'Donovan, Thomson Reuters, Company Receivers and Administrators (Thomson Reuters - online subscription service). Go to Westlaw AU from the Library database page for online access to this title.
C Anderson and D Morrison, Thomson Reuters, Crutchfield's Voluntary Administration (Thomson Reuters - online subscription service). Go to Westlaw AU from the Library database page for online access to this title.
LexisNexis AU, Australian Corporation Law Principles and Practice (LexisNexis Butterworths - online subscription service). Go to LexisNexis AU from the Library database page for online access to this title.
Students may also refer to journal articles in relevant journals such as Insolvency Law Journal, Australian Journal of Corporate Law and Company and Securities Law Journal. Go to the Library database page for online access to these journals.
Risk Assessment Statement
There are no out-of-the-ordinary risks associated with this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Problem-solving Task - Training Document, Internal Memo - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Problem-solving Task - Training Document, Internal Memo - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Problem-solving Task - Training Document, Internal Memo - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Problem-solving Task - Training Document, Internal Memo - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO2, Problem-solving Task - Training Document, Internal Memo - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Internal Memo - Selecting and applying appropriate research methods
Relates to: ULO3, Internal Memo - Planning and executing a research project and presenting findings and recommendations
Relates to: ULO3, Internal Memo - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Problem-solving Task - Training Document, Internal Memo
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Problem-solving Task - Training Document, Internal Memo - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Problem-solving Task - Training Document, Internal Memo - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Problem-solving Task - Training Document, Internal Memo - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Problem-solving Task - Training Document, Internal Memo - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO2, Problem-solving Task - Training Document, Internal Memo - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Internal Memo - Selecting and applying appropriate research methods
Relates to: ULO3, Internal Memo - Planning and executing a research project and presenting findings and recommendations
Relates to: ULO3, Internal Memo - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Problem-solving Task - Training Document, Internal Memo
Unit Outline: Semester 2 2024, Online
| Unit code: | LLH474 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLH305. LLH305 can be studied in the same teaching period as LLH474. |
| Anti-requisite: | LWB307 |
Overview
An understanding of the principles of insolvency and restructuring law will assist you to gain a more complete grasp of the legal system, particularly in a commercial context. Knowledge of the law as it applies to both personal and corporate insolvency provides opportunity to develop your skills in a range of legal areas as well as providing a base for those interested in working in this specialised field.
Learning Outcomes
On successful completion of this unit you will be able to:
- Explain the development and the operation of personal and corporate insolvency law and how it has evolved in a wider social, economic and international context (CLOs 1.1 and 1.4)
- Apply relevant legal principles and the rules and principles of statutory interpretation to resolve complex problems about insolvency law, and effectively communicate the possible resolutions and the legal justification (CLOs 1.1, 2.1, 2.2, 2.3 and 4.1)
- Manage, complete and evaluate a research project by using the appropriate research methodology, involving the selection and appraisal of relevant primary and secondary sources (CLOs 3.1, 3.2, 3.3)
- Communicate analysis and reasoning effectively in written form (CLOs 4.1).
Content
- The principles of insolvency law
- Personal insolvency: bankruptcy initiation, its effects and termination
- Personal insolvency: formal Part IX and X arrangements with creditors
- Corporate insolvency: liquidation types, the winding up process and its effects
- Secured creditor appointments: receivership
- Corporate insolvency and restructuring: voluntary administration and deeds of company arrangement and schemes of arrangement
- International insolvency issues.
Learning Approaches
This unit employs an active and collaborative approach to learning and involves an online, self-led learning practice. Prior to live workshops, you will be supported and engaged in this unit through the delivery of weekly snapshots of unit material, podcasts delivered by experts, interactive quizzes and formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.
Your participation in this unit includes:
- Engagement with online materials, including podcasts, online activities and readings that you will complete at your own pace to provide you with an understanding of the relevant law.
- Discussion in live workshops where you will develop your understanding of the law and practise by applying the law to factual scenarios. A recording of workshop material will also be provided to all students for revision purposes.
- Collaboration with peers and teaching staff to network and share your understanding of the unit content.
Feedback on Learning and Assessment
Feedback on the development of your understanding of the content learnt in this unit is provided through:
- the live workshops and recordings.
- interaction with the teaching team and other students in the live workshops and discussion forums.
- interactive self-paced online learning activities that enable you to self-test your understanding of the unit content.
- the general and individual feedback on your assessment tasks.
- the option of consultation with a member of the teaching team.
Assessment
Overview
To access the Law Faculty Assessment Information, see the Canvas site for this unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Problem-solving Task - Training Document
You are acting in the role of a solicitor for a law firm that provides general legal services to various clients, and have been assigned the task of training the firm's legal staff on a matter relevant to insolvency law.
You will analyse a relevant legal issue and apply legal rules to develop a training document that can be used by legal staff in preparing their advice to clients on insolvency matters.
This assignment is eligible for the 48 hour late submission period and assignment extensions.
Assessment: Internal Memo
Acting in the role of a solicitor in a law firm that provides general legal advice on insolvency matters, you have been assigned the task of preparing an internal memorandum of advice on a matter relevant to insolvency law.
In preparing your memorandum of advice, you will be required to research an area of insolvency law using an appropriate legal research methodology, and evaluate your research approach.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Online resources for this unit are available on Canvas.
Resource Materials
Prescribed text(s)
Michael Murray and Jason Harris, Keay's Insolvency: Personal and Corporate Law and Practice (Thomson Reuters, current edition)
Australian bankruptcy legislation from any publisher and the most recent edition
Australian corporations legislation from any publisher and the most recent edition
Recommended text(s)
LexisNexis Annotated Acts: Annotated Bankruptcy Act 1966 (LexisNexis Butterworths, current edition)
LexisNexis, Austin & Black's Annotations to the Corporations Legislation (current edition) OR Thomsons Reuters, Corporations Legislation (current edition, includes key section annotations)
Christopher Symes and John Duns, Australian Insolvency Law (LexisNexis Butterworths, current edition)
David Brown, Christopher Symes and Mark Wellard, Australian Insolvency Law: Cases and Materials (LexisNexis Butterworths, current edition)
Michael Murray, CCH Australia, Australian Insolvency Management Practice (CCH Australia - online subscription service). Go to CCH IntelliConnect from the Library database page for online access to this title.
PP McQuade and MGR Gronow, Thomson Reuters, Australian Bankruptcy Law and Practice (Thomson Reuters - online subscription service). Go to Westlaw AU from the Library database page for online access to this title.
PP McQuade, Thomson Reuters, Bankruptcy in Australia - A Guidebook (Thomson Reuters - online subscription service). Go to Westlaw AU from the Library database page for online access to this title.
MGR Gronow and S Maiden, Thomson Reuters, McPherson's Law of Company Liquidation (Thomson Reuters - online subscription service). Go to Westlaw AU from the Library database page for online access to this title.
J O'Donovan, Thomson Reuters, Company Receivers and Administrators (Thomson Reuters - online subscription service). Go to Westlaw AU from the Library database page for online access to this title.
C Anderson and D Morrison, Thomson Reuters, Crutchfield's Voluntary Administration (Thomson Reuters - online subscription service). Go to Westlaw AU from the Library database page for online access to this title.
LexisNexis AU, Australian Corporation Law Principles and Practice (LexisNexis Butterworths - online subscription service). Go to LexisNexis AU from the Library database page for online access to this title.
Students may also refer to journal articles in relevant journals such as Insolvency Law Journal, Australian Journal of Corporate Law and Company and Securities Law Journal. Go to the Library database page for online access to these journals.
Risk Assessment Statement
There are no out-of-the-ordinary risks associated with this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Problem-solving Task - Training Document, Internal Memo - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Problem-solving Task - Training Document, Internal Memo - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Problem-solving Task - Training Document, Internal Memo - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Problem-solving Task - Training Document, Internal Memo - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO2, Problem-solving Task - Training Document, Internal Memo - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Internal Memo - Selecting and applying appropriate research methods
Relates to: ULO3, Internal Memo - Planning and executing a research project and presenting findings and recommendations
Relates to: ULO3, Internal Memo - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Problem-solving Task - Training Document, Internal Memo
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, ULO2, Problem-solving Task - Training Document, Internal Memo - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Problem-solving Task - Training Document, Internal Memo - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Problem-solving Task - Training Document, Internal Memo - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Problem-solving Task - Training Document, Internal Memo - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO2, Problem-solving Task - Training Document, Internal Memo - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Internal Memo - Selecting and applying appropriate research methods
Relates to: ULO3, Internal Memo - Planning and executing a research project and presenting findings and recommendations
Relates to: ULO3, Internal Memo - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO4, Problem-solving Task - Training Document, Internal Memo