Course overview
The aim of the course is to identify the role of insolvency law regimes in the global corporate environment, with particular emphasis on formal and informal rehabilitation processes for corporations experiencing financial difficulties. The course will cover the following topics as they relate to corporate rescue systems operating in major trading regions of the world: when is rehabilitation appropriate; access to the process; protection afforded to the company on entering into the process; formulating a rehabilitation plan; the role of an independent administrator in the process; the role of creditors, members, and company officers in the process; the role of the court; informal v formal rehabilitation processes; involvement of international bodies, and cross-border reorganisation.
Course learning outcomes
- Explain and analyse the policy, theory and practice of corporate rescue and critique the law from a comparative perspective
- Apply the principles of corporate rescue law to commercial financial distress scenarios, including international and comparative aspects
- Develop and articulate legal arguments and apply them to complex problem-solving in an international and comparative context
- Identify and evaluate cultural and social factors impacting upon corporate rescue both locally and globally
- Develop apply and reflect upon their ability to communicate and interact with others to arrive at optimally effective and ethically appropriate solutions to complex commercial distress scenarios
- Conduct a sustained legal research project critically analysing specific aspects or comparative approaches of Australian corporate rescue law and the law of at least one other jurisdiction