LLAW9705 Insolvency Law

The topic will examine subjects in the law of both personal and corporate insolvency. Such subject areas include: the principles of insolvency law; the position and duties of insolvency professionals; the administration of insolvency; litigation involving statutory demands; alternatives to liquidation or bankruptcy; the impact of insolvency on various parties; and offences in insolvency.

This topic aims to:

• Introduce students to the areas of insolvency law and practice that are currently in place in Australia
• Examine the role, position and obligations of insolvency practitioners
• Develop an understanding of insolvency administration
• Allow students to analyse and evaluate insolvency-based problems so they may create solutions based on accepted principle

1. demonstrate a knowledge and understanding of
   (a) the processes in relation to insolvency;
   (b) administration of insolvency;
   (c) the role and obligations of the insolvency practitioner;
   (d) alternatives to bankruptcy and liquidation.

2. demonstrate ability to:
   (a) understand approaches to ethical decision making;
   (b) recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in professional contexts;
   (c) recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community; and
   (d) exercise professional judgment,
   in the context of Insolvency Law.

3. demonstrate ability to:
   (a) identify and articulate complex legal issues;
   (b) apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues;
   (c) engage in critical analysis and make reasoned and appropriate choices amongst alternatives, and
   (d) demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses,
   in the context of Insolvency Law.

4. demonstrate intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues in the context of Insolvency Law;

5. demonstrate ability to:
   (a) communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences; and
   (b) collaborate effectively,
   in the context of Insolvency Law.

6. demonstrate ability to:
   (a) learn and work with a high level of autonomy, accountability and professionalism, and
   (b) reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development.