University of Technology Sydney

78606 ARITA Advanced Restructuring and Turnaround

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Subject handbook information prior to 2022 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Description

This subject forms part of the Australian Restructuring Insolvency & Turnaround Association (ARITA) Advanced Certification program. It covers all operational aspects of restructuring and turnaround, enabling students to develop skills applicable to restructuring assignments both within and outside a formal insolvency appointment.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Business restructuring and turnaround law: Demonstrate specialised professional and technical knowledge relating to restructuring and turnaround of Australian businesses including regulatory and market-best practice approaches; and apply their understanding in various specialised contexts;
2. Reflective and ethical approach: Recognise, reflect upon and respond to ethical issues arising in business restructuring and turnaround situations in ways that show evidence of accountability and professional judgment;
3. Stakeholder accountability: Think critically about issues relating to business restructuring and turnaround law and policy to generate and evaluate appropriate responses to hypothetical problems taking into consideration a range of stakeholders with an interest in the restructuring and turnaround efforts;
4. Factual legal policy issues: Research, identify, evaluate and synthesise factual, legal and policy issues arising in a range of business restructuring and turnaround contexts.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

  • Ethics and Professional Responsibility
    A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including:
    a. An understanding of approaches to ethical decision making and professional responsibility;
    b. An ability to recognise, reflect upon and respond to ethical issues likely to arise in professional contexts in ways that evidence professional judgment, promote justice and serve the community; and
    c. An ability to reflect on and engage constructively with diversity in practice. (LAW.2.1)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively, including the ability to:
    a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
    b. Apply reasoning and research to generate appropriate responses;
    c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
    d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1)
  • Communication
    Effective and appropriate communication skills including:
    a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
    b. An ability to communicate to inform, analyse, report and persuade;
    c. An ability to strategically select an appropriate medium and message;
    d. An ability to assess how messages are received and alter communication strategies accordingly; and
    e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
  • Collaboration
    Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
    a. An ability to give and receive feedback;
    b. Appropriate professional and interpersonal skills in working collaboratively;
    c. A capacity to develop strategies to successfully negotiate group challenges; and
    d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)

Content (topics)

  • Identifying a viable “turnaround candidate”
  • Assessing the potential for turnaround
  • Getting the right management team and accurate financial information
  • Financing options
  • Stakeholder analysis
  • Developing and implementing the plan
  • Refocusing the business
  • Process improvement
  • Implementing the longer-term business plan

Assessment

Assessment task 1: Initial Client Advice letter

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

LAW.2.1, LAW.3.1 and LAW.5.1

Weight: 20%
Criteria:
  • Clear writing and persuasive argument
  • Identification of relevant commercial and practical issues
  • Correct application of relevant material to the situation

Assessment task 2: Research paper

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

LAW.2.1, LAW.3.1 and LAW.4.1

Weight: 30%
Criteria:
  • Identification and explanation of the issue and its relevance to restructuring and turnaround practice
  • Correct explanation of the legal, commercial and practical issues involved
  • Advanced critical analysis that appropriately weighs competing considerations from stakeholders
  • Appropriate formatting, written expression and citation of sources
  • Use of high-quality research materials outside of the prescribed readings (breadth of research effort)

Assessment task 3: Group strategy document

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

LAW.2.1, LAW.3.1, LAW.5.1 and LAW.6.1

Weight: 30%
Criteria:
  • Identification of relevant commercial and practical issues and client considerations
  • Appropriate advice that meets the client’s needs and fulfils the turnaround brief
  • Clarity of writing and persuasiveness of argument

Assessment task 4: Individual presentation of strategy document

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

LAW.2.1, LAW.3.1, LAW.5.1 and LAW.6.1

Weight: 20%
Criteria:
  • Identification of relevant commercial and practical issues and client considerations
  • Appropriate advice that meets the client’s needs and fulfils the turnaround brief
  • Engaging presentation
  • Working well as a group
  • Response to client questions