University of Technology Sydney

78607 ARITA Advanced Insolvency

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

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 ensures a solid understanding of Australia’s formal insolvency regime for both corporates and individuals as well as building an understanding of the complicated issues of insolvency and trusts.

Subject learning objectives (SLOs)

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

1. Business restructuring and turnaround law: Demonstrate specialised legal knowledge relating to restructuring, turnaround and insolvency of Australian businesses including regulatory approaches and recent developments; 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.

Teaching and learning strategies

Strategy 1 – Online learning

This subject uses Canvas, an online learning management system (LMS). Via Canvas, students will be provided with reading and reference material for each Module as well as discussion boards and online portals for submitting assessment tasks. Students can access material for self-directed learning and engage in participant-led discussion on key topics. Short podcast and screencast recordings on key themes and topics will be provided for each Module. Comprehensive reading guides will be provided for each Module.

Strategy 2 – Webinars

Students have the opportunity to take part in webinars with the Subject Coordinator. This will provide an opportunity to discuss problems and issues with material covered since the previous webinar. Webinars will also consider a problem scenario based on material covered in previous topics. A recording of the webinars will be posted on Canvas.

Strategy 3 – Law reform analysis

This subject will feature a ‘researched presentation’ assessment task (see Assessment task 2) that will require students to critically analyse a hypothetical law reform proposal and present that analysis by reference to the policy, commercial and legal issues involved.

Strategy 4 – Problem-based learning

Each topic in this subject involves the consideration of legal, accounting, finance and management issues through the discussion of hypothetical problems. This will allow students to apply their knowledge to common, practice-based hypothetical scenarios. These scenarios will be discussed in the webinars and online through the discussion forum.

Content (topics)

  • The context of corporate and personal insolvency
  • Liquidations
  • Bankruptcy, Personal Insolvency Agreements and Debt Agreements
  • Receiverships
  • Insolvency and trusts

Assessment

Assessment task 1: Problem-based assignment

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

Weight: 40%
Criteria:
  • Identification of relevant legal, commercial and practical issues
  • Correct application of the law and legal principles to the facts; providing advice that is legally correct, practicable and commercially sound
  • Clarity and quality of written expression; appropriate and correct citation of relevant statutes, case law and secondary sources

Assessment task 2: Take-home exam

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

Weight: 60%
Criteria:
  • Identification of relevant legal issues raised by the problem-based questions;
  • Accurate application of relevant legal rules and professional standards to the facts of the problems;
  • Consideration of commercial and practical issues;
  • Clarity of analysis and persuasiveness of argument