Students

LAWS582 – Special Seminar 2

2017 – S3 External

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff
Peter Radan
John Gooley
Credit points Credit points
3
Prerequisites Prerequisites
(24cp in LAW or LAWS units) and permission by special approval
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description
This unit accommodates the special skills and expertise of visitors to Macquarie Law School or accommodates a unit of study in developmental mode according to the teaching plans of the School. The unit is designed to capture particular expertise and interest of colleagues, both professional and academic. The particular subject area of the unit will change from year to year.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • Demonstrate a thorough knowledge of legal principles relating to insolvency.
  • Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
  • Analyse factual situations involving insolvency law and apply relevant legal principles
  • Formulate, present and evaluate oral and written arguments on insolvency problems and principles, drawing upon relevant legal authority.
  • Apply advanced research skills
  • Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.

General Assessment Information

Detailed marking rubrics will be made available in iLearn.

Assessment Tasks

Name Weighting Hurdle Due
Assignment 40% No 5 pm, 3 January 2018
Final Examination (Take Home) 60% No 3 pm, 25 January 2018

Assignment

Due: 5 pm, 3 January 2018
Weighting: 40%

The Assignment in this unit is a research paper. It will be marked out 100 an accounts for 40% of the final mark for this unit.

The question for the Assignment will be available on iLearn.

The Assignment must be a properly referenced formal response with appropriate analysis and argument supported by relevant legal authorities. The Assignment must be typed and must be kept to a maximum 1,500 words (including footnotes, but not the bibliography). The word limit will be strictly applied and work above the word limit will not be marked.

The Assignment must be submitted electronically through Turnitin. Plagiarism software is used in this unit.

In completing the Assignment, students must comply with the Australian Guide to Legal Citation, compiled by the Melbourne University Law Review. The Guide is available for download free online.

Further instructions and information in relation to the Assignment,  including rubrics, will be made available on iLearn.

If, for justifiable reasons, a student is unable to submit the Assignment on time, he or she may submit an application for special consideration in accordance with the University's Disruption to Studies Policy. If special consideration is granted the student may be given a different research question to be completed at a time determined by the unit convenor.

Applications for special consideration pursuant to the Disruption to Studies Policy are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Disruption to Studies Policy for complete details and a description of the supporting documentation required. 

Any Assignment that is submitted after the due date and time without an approved Disruption to Studies Application, will attract a 2% per day penalty. Any Assignment that is submitted beyond 7 days of the due date and time will not be graded and will receive a zero mark.

This assessment task relates to the following learning outcomes:

  • demonstrate a thorough knowledge of legal principles relating to the law on insolvency law;
  • formulate, present and evaluate oral and written arguments on insolvency problems and principles, drawing upon relevant legal authority; and
  • assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time; and
  • apply advanced research skills.

 

 


On successful completion you will be able to:
  • Demonstrate a thorough knowledge of legal principles relating to insolvency.
  • Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
  • Apply advanced research skills
  • Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.

Final Examination (Take Home)

Due: 3 pm, 25 January 2018
Weighting: 60%

The final examination in this unit will be a take home examination. It will be marked out of 100 and accounts for 60% of the final mark in this unit.

The final examination will be based on material covered in the unit, ie all topics and materials covered in the unit.

The final examination will be in the form of a number of problem style questions. All questions will have to be answered.

Students will be able to access the final examination paper on iLearn from 10 am on Thursday 25 January 2018 and must submit their answers to the final examination paper by 3 pm on Thursday 25 January 2018.

A student's answers to the final examination paper's questions cannot exceed 2,500 words (inclusive of footnotes). This is an upper word limit and a student need not write 2,500 words if he or she can answer the questions in less than 2,500 words. A bibliography is not required. The word limit will be strictly applied and work above the word limit will not be marked. 

The take home examination must be submitted electronically through Turnitin. Plagiarism detection software is used in this unit.

Further instructions and information in relation to the Take Home Examination, including rubrics, will be made available on iLearn. 

If, for justifiable reasons, a student is unable to do the take home examination at the above time, he or she should submit an application for special consideration in accordance with the University's Disruption to Studies Policy, which, if granted, will enable the student to complete an alternative assessment. The alternative assessment may not be in the form of a take home examination - it may take some other form such as a formal sit down examination.

Any take home examination that is submitted after the stipulated time on the due date will not be graded and will receive a zero mark.

This assessment task relates to the following learning outcomes:

  • demonstrate a thorough knowledge of legal principles relating to the law on insolvency law;
  • interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
  • analyse factual situations in solving insolvency law problems and applying relevant legal principles;
  • formulate, present and evaluate oral and written arguments on insolvency problems and principles, drawing upon relevant legal authority; and
  • assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.

On successful completion you will be able to:
  • Demonstrate a thorough knowledge of legal principles relating to insolvency.
  • Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
  • Analyse factual situations involving insolvency law and apply relevant legal principles
  • Formulate, present and evaluate oral and written arguments on insolvency problems and principles, drawing upon relevant legal authority.
  • Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.

Delivery and Resources

DELIVERY OF THE UNIT

To complete this unit students will need the use a computer and have access to the Internet.

Lectures (Internal and Distance Students)

Lecturers will be delivered on 20-21 December 2017 (9 am-Noon, 1 pm-4 pm); and 4 January 2018 (9 am-Noon).

Tutorials (Internal and Distance Students)

Tutorials will be held on 4 January (1 pm-4 pm); and 5 January (9 am-Noon, 1 pm-4 pm)

Tutorials will consist of questions for discussion. The questions to be discussed are available on iLearn.

For class times and classrooms students should consult the MQ Timetable website.

RESOURCES

The prescribed materials for this unit are:

1. M Murray & J Harris, Keay's Insolvency: Personal and Corporate Law & Practice, 9th ed, Thompson Reuters Law Book Co, 2016

2. C Symes, D Brown & M Wellard, Australian Insolvency Law, Cases & Materials, LexisNexis, 2016

Other reference material:

1. Gooley, Zammit, Dicker & Russell, Corporations and Associations: Principles and Issues, 6th ed, LexisNexis, 2015

2. Gooley & Gooley, Insolvent Trading and Fraudulent Trading in Australia: Regulation and Context, LexisNexis, 2016

Unit Schedule

 

TOPICS STUDIED IN THIS UNIT

1. Personal Insolvency: introduction, acts of bankruptcy, bankruptcy notices, creditors' petitions, debtors' petitions, course of a hearing, effects of bankruptcy, administration of the estate, exempt transactions, void transactions, termination of bankruptcy, personal insolvency agreements, and debt agreements.

2. Corporate Insolvency: introduction, compulsory winding-up, winding-up procedures, voluntary winding-up, provisional liquidation, administration of liquidations, the liquidator, administration of the winding-up, effects of winding-up, termination of winding-up, insolvent and fraudulent trading; assets available to liquidator, receivership, voluntary administration, and deeds of company arrangement.

The required readings for the above topics are set out in detail on iLearn.

 

 

 

   
   
   
   
   
   
   
   
   
   
   
   
   
   

 

 

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:

Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html

Assessment Policy http://mq.edu.au/policy/docs/assessment/policy_2016.html

Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html

Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.html​

Disruption to Studies Policy (in effect until Dec 4th, 2017): http://www.mq.edu.au/policy/docs/disruption_studies/policy.html

Special Consideration Policy (in effect from Dec 4th, 2017): https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policies/special-consideration

In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/

Results

Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.

Student Services and Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

For all student enquiries, visit Student Connect at ask.mq.edu.au

IT Help

For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/

When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.

Graduate Capabilities

Creative and Innovative

Our graduates will also be capable of creative thinking and of creating knowledge. They will be imaginative and open to experience and capable of innovation at work and in the community. We want them to be engaged in applying their critical, creative thinking.

This graduate capability is supported by:

Assessment task

  • Assignment

Capable of Professional and Personal Judgement and Initiative

We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate a thorough knowledge of legal principles relating to insolvency.
  • Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
  • Analyse factual situations involving insolvency law and apply relevant legal principles
  • Formulate, present and evaluate oral and written arguments on insolvency problems and principles, drawing upon relevant legal authority.
  • Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.

Assessment task

  • Final Examination (Take Home)

Commitment to Continuous Learning

Our graduates will have enquiring minds and a literate curiosity which will lead them to pursue knowledge for its own sake. They will continue to pursue learning in their careers and as they participate in the world. They will be capable of reflecting on their experiences and relationships with others and the environment, learning from them, and growing - personally, professionally and socially.

This graduate capability is supported by:

Learning outcome

  • Apply advanced research skills

Discipline Specific Knowledge and Skills

Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate a thorough knowledge of legal principles relating to insolvency.
  • Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
  • Analyse factual situations involving insolvency law and apply relevant legal principles
  • Formulate, present and evaluate oral and written arguments on insolvency problems and principles, drawing upon relevant legal authority.
  • Apply advanced research skills

Assessment tasks

  • Assignment
  • Final Examination (Take Home)

Critical, Analytical and Integrative Thinking

We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.

This graduate capability is supported by:

Learning outcomes

  • Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
  • Analyse factual situations involving insolvency law and apply relevant legal principles

Assessment task

  • Assignment

Problem Solving and Research Capability

Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate a thorough knowledge of legal principles relating to insolvency.
  • Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
  • Analyse factual situations involving insolvency law and apply relevant legal principles
  • Formulate, present and evaluate oral and written arguments on insolvency problems and principles, drawing upon relevant legal authority.
  • Apply advanced research skills

Assessment task

  • Final Examination (Take Home)

Effective Communication

We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate a thorough knowledge of legal principles relating to insolvency.
  • Interpret and transmit knowledge, skills and concepts to specialist and non-specialist audiences
  • Analyse factual situations involving insolvency law and apply relevant legal principles
  • Formulate, present and evaluate oral and written arguments on insolvency problems and principles, drawing upon relevant legal authority.
  • Assume responsibility for one's own learning by managing one's time effectively so as to complete and submit assessment items on time.

Assessment tasks

  • Assignment
  • Final Examination (Take Home)