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Course profile

Personal and Corporate Insolvency (LAWS5220)

Study period
Sem 2 2025
Location
St Lucia
Attendance mode
In Person

Course overview

Study period
Semester 2, 2025 (30/06/2025 - 23/08/2025)
Study level
Undergraduate
Location
St Lucia
Attendance mode
In Person
Units
2
Administrative campus
St Lucia
Coordinating unit
Law School

A study of the law of insolvency as applied to individuals & corporate bodies. The course will explore the rationale for, & core principles of, insolvency, the law regarding the identification of the assets of the insolvent, the avoidance of pre-insolvency transactions & the order of distribution and winding up. The course will also explore alternatives to insolvency.

This course examines the fundamental principles of Australian personal and corporate insolvency law. The aim is to enable students to understand the theoretical and policy background of those principles; to critically assess the efficacy of those principles; and to apply those principles to a diversity of factual problem-based scenarios.

Course requirements

Assumed background

It is assumed, in the delivery of material for this course and its examination,ᅠthat students have completed at least two years of study and the prerequisite company law course.

Prerequisites

You'll need to complete the following courses before enrolling in this one:

LAWS3702 or 4112

Incompatible

You can't enrol in this course if you've already completed the following:

LAWS7220

Restrictions

LLB(Hons)(#64), LLB(Hons)(#48), LLB, LLB (Graduate Entry), LLB(Hons) duals and LLB dual programs.

Course contact

Course coordinator

Associate Professor David Morrison

It is essential that students ensure that they either check their UQ student emails regularly, or alternatively, have their UQ email address forward emails to their preferred email provider. Emails and the Learn.UQ site are the means that the course coordinator will communicate with students, either directly or via class emails. These emails will include relevant updates to the course and the course content.

Course staff

Lecturer

Timetable

The timetable for this course is available on the UQ Public Timetable.

Additional timetable information

The scheduled days for class are Thursday 3 July, Friday 4 July, Saturday 5 July, Sunday 6 July and Thursday 10 July. This is a seminar course and it follows that attendance is necessary and that the course will be conducted over 30 hours. Details to follow.

Aims and outcomes

Teaching Mission Statement


The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.


Course Aims


See Learning Objectives below.

Learning outcomes

After successfully completing this course you should be able to:

LO1.

Understand and apply the competing theoretical frameworks relating to the nature and purpose of personal and corporate insolvency law.

LO2.

Demonstrate a comprehensive understanding of the fundamental principles of personal and corporate insolvency law in Australia and the policy reasons for the existence of those principles.

LO3.

Critically analyse the efficacy and utility of the principles of personal and corporate insolvency law in Australia.

LO4.

Apply the principles of personal and corporate insolvency law in Australia to a variety of different factual problem based circumstances.

Assessment

Assessment summary

Category Assessment task Weight Due date
Examination Short test
  • In-person
40%

6/07/2025 9:00 am

Examination In-semester Examination
  • In-person
60%

18/07/2025 8:00 am

Assessment details

Short test

  • In-person
Mode
Written
Category
Examination
Weight
40%
Due date

6/07/2025 9:00 am

Other conditions
Secure.

See the conditions definitions

Learning outcomes
L01, L02, L03, L04

Task description

Students are required to complete a short test based on class material from Thursday 4 July. The test will be conducted in class on Sunday 6 July at 9:00am (40 minute duration). Further details will be released via the course Learn.UQ site.

This assessment task is to be completed in-person. The use of generative Artificial Intelligence (AI) or Machine Translation (MT) tools will not be permitted. Any attempted use of AI or MT may constitute student misconduct under the Student Code of Conduct.

Exam details

Planning time no planning time minutes
Duration 40 minutes
Calculator options

No calculators permitted

Open/closed book Closed book examination - specified written materials permitted
Materials

Two A4 sheets of typed notes, double sided, are permitted

Exam platform Paper based
Invigilation

Invigilated in person

Submission guidelines

Deferral or extension

You may be able to defer this exam.

In-semester Examination

  • In-person
Mode
Written
Category
Examination
Weight
60%
Due date

18/07/2025 8:00 am

Other conditions
Secure.

See the conditions definitions

Learning outcomes
L01, L02, L03, L04

Task description

The in-semester exam is based on all work completed during the semester. It will be held in Forgan Smith Building (01) - Room E302 on Friday 18 July 2025 at 8:00am. Further details will be provided on the Insolvency Law Learn.UQ site.

This assessment task is to be completed in-person. The use of generative Artificial Intelligence (AI) or Machine Translation (MT) tools will not be permitted. Any attempted use of AI or MT may constitute student misconduct under the Student Code of Conduct.

Exam details

Planning time no planning time minutes
Duration 90 minutes
Calculator options

No calculators permitted

Open/closed book Closed book examination - specified written materials permitted
Materials

Two A4 sheets of typed notes, double sided, are permitted

Exam platform Paper based
Invigilation

Invigilated in person

Submission guidelines

Deferral or extension

You may be able to defer this exam.

Course grading

Full criteria for each grade is available in the Assessment Procedure.

Grade Cut off Percent Description
1 (Low Fail) 0 - 19

Absence of evidence of achievement of course learning outcomes.

2 (Fail) 20 - 47

Minimal evidence of achievement of course learning outcomes.

3 (Marginal Fail) 48 - 49

Demonstrated evidence of developing achievement of course learning outcomes

4 (Pass) 50 - 64

Demonstrated evidence of functional achievement of course learning outcomes.

5 (Credit) 65 - 74

Demonstrated evidence of proficient achievement of course learning outcomes.

6 (Distinction) 75 - 84

Demonstrated evidence of advanced achievement of course learning outcomes.

7 (High Distinction) 85 - 100

Demonstrated evidence of exceptional achievement of course learning outcomes.

Additional course grading information

Further information will be posted to the Learn.UQ site.

Supplementary assessment

Supplementary assessment is available for this course.

Additional assessment information

Other information will be posted to the Learn.UQ site.

Learning resources

You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.

Library resources

Find the required and recommended resources for this course on the UQ Library website.

Additional learning resources information

Information will be posted to Learn.UQ site.

Learning activities

The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.

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Learning period Activity type Topic
Multiple weeks

From Week 1 To Week 2
(30 Jun - 13 Jul)

Seminar

Seminars

Learning outcomes: L01, L02, L03, L04

Policies and procedures

University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:

Learn more about UQ policies on my.UQ and the Policy and Procedure Library.

School guidelines

Your school has additional guidelines you'll need to follow for this course: