Coordinator and Instructor

Associate Professor David Brown
Room 2.20 Ligertwood
8313-4442

This is an online course which runs from 9 April - 9 May 2018. Webinars will be scheduled to be advised via Canvas at the start of the course.

On successful completion of this course, students will be able to:

1. Further the student’s knowledge and understanding of personal and corporate insolvency law, practice and regulation
2. Further the student’s ability to understand, analyse and solve practical issues and problems associated with the personal and corporate insolvency law
3. Evaluate selected Australian personal and corporate insolvency law issues in the global context
4. Gain awareness of international developments in selected personal and corporate insolvency law issues
5. Develop critical thinking using personal and corporate insolvency law
6. Apply excellent research skills

As this is a Masters level course there is no one text book that covers all aspects of corporate and personal insolvency at the depth explored in this course.

However, the undergraduate text Symes & Duns Australian Insolvency Law 3rd ed (2015) is certainly a useful resource.
There is also a companion casebook: Symes,Brown & Wellard Australian Insolvency Law Cases Materials (2016).

See also Keay's Insolvency Personal and Corporate Law and Practice 9th ed (2016) by Murray and Harris - Australia.

Access to current legislation the Corporations Act 2001 (Cth) and the Bankruptcy Act 1966 (Cth) is essential. 

Insolvency law is dynamic so books can become out of date as far as detail is concerned, and some books are overseas texts, so bear that in mind when reading (e.g. UK, US) . 

Key relevant general texts are:

Finch, Corporate Insolvency Law, Perspectives and Principles, 2nd ed Cambridge (2009), UK

O’Donovan, Company Receivers and Administrators (looseleaf, 2 volumes)- (Aus) This is a practitioner book frequently updated

Australian Corporations Law (CCH, looseleaf)

Annotated Bankruptcy Act 1966 6th ed by Paul Nichols (Lexisnexis, 2014)

Fletcher, The Law of Insolvency 4th ed (2009) UK


Other leading Australian Company Law textbooks (e.g. Ford, or Lipton, Herzberg and Welsh) will contain useful introductory chapters on insolvency law.

Journals that are important in Insolvency Law include

Insolvency Law Journal (Thomson Reuters, Aus)

Insolvency Law Bulletin (Lexisnexis, Aus)

International Insolvency Review (INSOL published in UK)

Insolvency Law and Practice (UK)

Insolvency Intelligence (UK)

Australian Insolvency Journal (Journal of IPA/ARITA

Company and Securities Law Journal (Aus)

Australian Journal of Corporate Law

On-line sites that are important include

Large lawfirms in Australia will have webpages dedicated to Restructuring and Insolvency matters.

For example see claytonutz.com.au
                         allens.com.au
                         kwm.com.au

This course will be delivered on-line.
There are numerous lectures, webinars and directed readings delivered using the on-line platform Canvas, as well as Zoom for webinars (joining instructions will be given)

Learning and Teaching Activities of 24 hours structured learning will be offered to students in this course in the form of readings, webinars, lectures online, and research guidance via webinar and email.

The University expects full-time students (i.e. those taking 12 units per semester) to devote a total of 48 hours per week to their studies. This means that you are expected to commit approximately 9 hours of private study in addition to your regular classes.

The following Modules will be delivered through online lectures, directed reading and webinar discussion of the materials for each module.

Module One
(1) An introduction to the theory, policy and history of insolvency law, and to its fundamental principles;

Module Two
(2) An introduction to the main forms of insolvency procedure for individuals (bankruptcy and its alternatives) and corporations (liquidation, voluntary administration, and receivership);

Module Three
(3) Issues in relation to personal insolvency including consumer bankruptcy, the property of the bankrupt ‘estate’, alternatives to bankruptcy, and the rights of bankrupts and restrictions upon them;

Module Four
(4) The role and duties of directors;

Module Five
(5) The position of security and rights and duties of secured creditors;

Module Six
(6) The regulation and reform of insolvency law and the profession, ethical issues, and ‘globalisation’ of insolvency law and practice through involvement of international bodies.

Module Seven
(7) An introduction to cross-border insolvency

Assessment Task	Task Type	Due	Weighting	Redeemable	Learning Outcome
Quiz	Individual	16/4/18	5%	No	1,2
Case comment	Individual	24/4/18	30%	No	1-5
Research essay	Individual	9/5/18	60%	No	1-6
Participation	Individual	9/5/18	5%	No	2,4,5

Participation  – 5%
Participation will be assessed in terms of attendance at webinars, and quality of contributons to webinar and discussion board discussion. Further details of criteria for participation will be made available at the start of the course and on MyUni course site.


Quiz- 5%- Monday 16 April
A quiz of 10 questions in multiple choice form to assess fundamental concepts and terminology learned in the first two modules.


Case Analysis- 30% Due date Tuesday 24th April
Students may choose an insolvency law case from readings or otherwise and write a note and critical analysis about the relevance and context of the case.

Word limit: 2000 words


Research Assignment - 60%
Word limit: 6000 words.

The research paper may be on any aspect of insolvency law you choose, and can build upon the area of your case analysis if you wish. The precise topic/title must be approved by the Coordinator, and advice will be given to those who need help choosing or framing a topic. Further criteria for the research assignment will be notified at the start of the course.

Due Date: Wednesday 9th May, 2 pm.

Standard Adelaide Law School submission requirements apply. Specific information will be provided in the assessment instructions for each item of assessment.

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

• assurance of the qualifications of markers, and their knowledge of the content covered in each course;
• detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
• sharing of example marked assessments at various grade bands across markers;
• reviewing of selected marked assessments from each marker by the course coordinator;
• comparison of the marks and their distribution across markers;
• automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
• the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program

Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support

The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.

Academic Honesty

Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.

Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.