Insolvency: Law and Practice

This introductory course looks at the Australian legal system and the legal context of the Corporations Act 2001 (Cth) and Bankruptcy Act 1966 (Cth). You will gain insight into the system of laws, appreciate the process when dealing with legislation and become familiar with the regulatory bodies and their roles.

This course looks at the definition of insolvency as it appears in the legislation, relevant to both personal and corporate spheres. It also reviews how the courts have dealt with it in their capacity as interpreters of the law, and discusses why identifying the point of insolvency is vital for the administration of an insolvent estate.

This course explores the concept of Voluntary Administration in depth. You will see how this form of external administration is designed to provide the insolvent company with breathing space and the opportunity to continue trading.

This course looks at provisional liquidation and members voluntary liquidation. You will understand how shareholders of a company can bring its operation to an end by a Members Voluntary Liquidation and examine why Provisional Liquidators are appointed.

Compulsory liquidation is most the common form of liquidation and usually arises from actions by company creditors. In this fifth course, you will review the role of Statutory Demands, the duties and obligations of the Liquidator, and the process of bringing such a matter before the court.

Meetings, voidable transactions, preferential payments and remuneration are uppermost in a liquidator's mind after appointment. This sixth course will explore each of these topics, the need for Creditor's Meetings and their rules.

The appointment of a Receiver is controlled by the contractual relationship between the secured creditor and the debtor company. This course consists of six lessons covering the process of appointment of a Receiver through to their termination.

In this course, we look at personal insolvency in Australia and the steps required for a person to become bankrupt.

This course looks at the options available to individuals other than bankruptcy. It explores Chapters IX and X of the Bankruptcy Act, which provide alternatives to individuals who are insolvent.

The field of insolvency is very fluid. Recently, there have been several inquiries, position papers and media statements in government circles on both bankruptcy and corporate insolvency. This course discusses recent developments in the area.