CLP14 Insolvency Litigation

What is this subject about?

This subject covers the nature of insolvency disputes and the types of insolvency proceedings.

The subject aims include identifying and discriminating between strategies in conducting litigation involving corporate and personal insolvency.

What will I learn while studying this subject?

At the end of this subject you will be able to:

• explain the context of insolvency disputes and the types of insolvency proceedings (bankruptcy, winding up, liquidation)
• identify and discriminate between strategies in conducting litigation in regards to corporate and personal insolvency
• apply skills of analysis, problem solving and strategy to formulating courses of action in personal and corporate insolvency matters
• determine courses of action in a range of personal and corporate insolvency matters
• advise the client in litigation in regard to strategy, process, risks, costs and success prospects

Topics in this subject will include:

• Bankruptcy proceedings
• Setting aside statutory demands
• Winding up proceedings
• Voluntary administration
• Recovering assets for creditors in bankruptcy proceedings
• Retention of title in insolvency
• Recovery of preferences by liquidator
• Examination by liquidators
• Corporate insolvency - examinations about company affairs
• Corporate insolvency - shareholders as creditors
• Cross border insolvency

How will I be assessed?

Assessment in this subject will be based on:

• satisfactory participation in the program
• drafting assignment (20%)
• written advice to client assignment (20%)
• written open-book exam (60%)