Personal Insolvency Law

Undergraduate | 2026

Course page banner
area/catalogue icon
Area/Catalogue
LAWS 1045
Course ID icon
Course ID
207293
Level of study
Level of study
Undergraduate
Unit value icon
Unit value
6
Course level icon
Course level
1
Study abroad and student exchange icon
Inbound study abroad and exchange
Inbound study abroad and exchange
The fee you pay will depend on the number and type of courses you study.
No
University-wide elective icon
University-wide elective course
No
Single course enrollment
Single course enrolment
No
alt
Note:
Course data is interim and subject to change

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

Prerequisite(s)

N/A

Corequisite(s)

N/A

Antirequisite(s)

N/A