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Summer Session 2009-10 |
lec > subject pages > insolvency |
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The Insolvency course is designed to enliven and accentuate student awareness of the legal impact of bankruptcy and insolvency law upon both individual citizens and modern business in Australia. Available "acts of bankruptcy" under the Bankruptcy Act 1966 (Cth) are scrutinised with a view to ensuring that they apply in any given factual context before a person is declared bankrupt, so as to prevent any social stigma attaching to that person. An analytical examination of the concept of "going behind a judgment" is equally given proper regard. Legal disabilities of a bankrupt are critically reviewed. Creditors' rights are equally examined to ensure that the effect of past actions by the now bankrupt person - such as voidable preferences - are avoided on the basis that they are inimical to modern business society. The various means of ensuring the protection of creditors rights against an insolvent company are fully reviewed and critically assessed. Special attention in this regard is given to the avoidance by the liquidator of a transaction which represents an unfair preference under the Corporation Law. ASSESSMENT To be eligible to sit for the Board’s examinations, all students must complete the LEC teaching and learning program, the first step of which is to ensure that you have registered online with the LEC in each subject for which you have enrolled with the Board. This gives you access to the full range of learning resources offered by the LEC. Then, students must achieve a satisfactory result in a compulsory assignment of at least 1500 words or as prescribed. |
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