Course overview
The course will examine the role of the law in relation to the theory, policy and procedures for dealing with multiple debt default and financial distress of individuals, including consumer insolvency issues. Whilst the course will focus on Australian law, there will be significant comparative aspects. Topics to be covered include the principles of the fresh start and equality of distributions, the history and purposes of the law, bankruptcy administration and regulation, the petitioning of bankruptcy through voluntary and compulsory methods, acts of bankruptcy, the roles of the trustee in bankruptcy, the effects of bankruptcy, the property of the bankrupt estate and its exemptions, investigations, recovery actions, realising property and income contributions, discharge, bankrupt deceased estates, alternatives to bankruptcy including Part X and Part IX administrations, and offences.
Course learning outcomes
- Identify the key legal,econmoic and social concepts and practices used by bankruptcy trustees and personal insovency administrators
- Apply statutory interpretation tools to the Bankruptcy Act
- Explain the commencement, process, consequences, annulment and discharge of bankruptcy
- Make logical and compelling decisons on the makeup of a bankruptcy estate and which claims of antecedent transactions to pursue
- Explain clearly and concisely in writing the role and limitations of cross border insolvency with critical thinking
- Apply excellent research skills
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