成人大片

Associate Professor David Brown, Room 2.20 Ligertwood Building
d.brown@adelaide.edu.au
8313-4442

This course will be taught in intensive mode on 29 and 30 April, and 6 and 7 May.

On successful completion of this course, students will be able to:

1. Explain and analyse the policy, theory and practice of corporate rescue and critique the law  from a comparative perspective.

2. Apply the principles of corporate rescue law to commercial financial distress scenarios, including international and comparative aspects

3. Develop and articulate legal arguments and apply them to complex problem-solving in an international and comparative context

4. Identify and evaluate cultural and social factors impacting upon corporate rescue both locally and globally

5. Develop apply and reflect upon their ability to communicate and interact with others to arrive at optimally effective and ethically appropriate solutions to complex commercial distress scenarios

6. Conduct a sustained legal research project critically analysing specific aspects or comparative approaches of Australian corporate rescue law and the law of at least one other jurisdiction.

All required reading will be provided on the MyUni course page. A small amount will be required prior to the first class and will be notified by email to enrolled students at least one week before.

Students should have a copy of the latest edition of the Corporations Act 2001(Cth), Part 5 available either in hard copy or soft copy for use in class and during the course.

 

Recommended text- Symes, Brown and Lombard, Australian Insolvency Law (4th ed, 2019, LexisNexis)

A list of library resources for this course is kept with the Law Library desk.
Many of these will be put on restricted loan during the course.
Some weblinks and other resources will also be provided on MyUni.

MyUni will be used for communication and for resources and assessment information. It should be checked regularly during the course.

As the course is an intensive, it will take place between 10-5 on the scheduled four days. Learning in class will consist of lecturing and problem and case-based discussion and presentation, with one or two guest speakers possible.

The university guideline for a 3 unit course is 156 hours of student workload including class contact time. Due to the intensive nature of this course, these hours would be spread over the class time and the period of the course leading up to the research essay due date.

In view of the intensive and participatory nature of the course over four days of class contact time, students must attend for the whole of the contact time, except in case of certificated illness or similar circumstances, where application to the course coordinator should be made as soon as possible.

29 April
9.30 - 12.30 Theory and policy of corporate rescue law. What is rescue? Why rescue? What are the alternatives and
consequences? Who are the stakeholders?

1.30 - 4.30
Key features of Australian corporate insolvency law- key procedures compared- Receivership, Liquidation, Voluntary Administration, Schemes of Arrangement, Small Business Restructuring, Informal Rescue, The role of insolvency practitioners, directors’ duties and corporate rescue


30 April
9.30-12.30- Voluntary Administration procedure (Australia)

1.30-4.30 A world view of corporate rescue - and overview of other jurisdictions, US, UK, Indian, Canadian and Singapore corporate rescue


6 May
9.30 -12.30 Quiz feedback
UNCITRAL Guide and Model Law
EU Law Issues
Cross Border Insolvency Issues

1.30 - 4.30 Guest lecture / Recent Developments

Time to work on group exercise

7 May
9.30 - 12.30.Group presentations on financial distress scenario

1.30 - 4.30 Concluding remarks, future developments
Research essay consultation

Precise topics, timings and order may alter slightly, eg depending on group/enrolment numbers and legal developments in 2020/21.

Assessment item	% of final mark	Dates	Length	Individual or Group Activity?	Redeemable in exam?	Learning Outcomes
Quiz	15	3 May	N/A	Individual	N/A	1,2
Participation	10	Throughout course	N/A	Individual	N/A	1-5
Hypothetical Case Exercise	20	7 May	N/A	10% Group/ 10% Individual	N/A	1-5
Research Essay	55	7 June	3500	Individual	N/A	1-6

Quiz
The quiz will be online through MyUni and will consist of 15 multiple choice questions and true/false questions, and you may only have one attempt. It will cover your understanding of the concepts and terms, and law lectured, in the first two days of class.

Participation
Each student will receive a grade at the conclusion of the course for their participation in class-room and online discussion during the course. This will be based on both their willingness to contribute comments and/or respond to questions and the quality of any contributions made, in class and/or online via MyUni Discussion Board.

Hypothetical Case Exercise

Students will be given a legal scenario to work on, and take various roles. This will be done in groups of approximately 4-6 depending on class numbers. Each student must present an A4 2-page (maximum) synopsis of their argument, and each student must present in the group presentation of their case. Assessment will be a 10% group mark and 10% individual mark. Case exercises and groups will be allocated on 30 April.

Research Essay
The research essay (3500 words) may be on any topic within the field of corporate rescue, provided that there is a comparative element. Topics must be agreed with the Course Coordinator by 10 May at the latest, and a list of suggested topics will be provided in the first class,though students may propose other topics to be approved.

Please note: Students choosing to use this course to satisfy the requirements of the Extended Dissertation for their programme, must produce a 7,000-8,000 word essay which will be assessed against publication standards. This essay will replace the above mentioned (shorter) research essay in this course, but these students must do the rest of the assessment in this course and also the same guides about topic and suggested topics in the previous paragraph apply. Please identify yourself to me through the approval form process as early as possible if you are taking this option of the substantial essay.

Assessment Criteria for Research Essay
25% of the available marks for the essay will be allocated to extend and appropriate use of research, 15% to expression, presentation and style guide compliance, and 60% to substantive content taking into account the following non-exhaustive list

• level of insight and innovative thought

• depth of analysis and level of critical examination of the issues raised

• clarity of expression

• logical planning and sequence

• evidence of comprehensive research and consideration of the relevant literature

• demonstrated understanding of the comparative law method

• demonstrated understanding of relevant legal materials

• correct application of relevant material

• overall presentation, including correct grammar, spelling and punctuation

• use of resources in formulating the paper including proper acknowledgment and correct referencing

Submission of the research essays and written part of group work should be online via MyUni and Turnitin. Instructions will be given on MyUni before the classes.

All written work in the Law school is required to comply with the approved Law School style guide, The Australian Guide to Legal Citation (4th ed), as well as the Academic Integrity Policy.

Extensions: Requests for extensions must be made via the Law School intranet , filling in the form and giving reasons and evidence as in the Moderated Coursework Assessment Policy. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements (other than under the University's Elite Athlete Programme) are not unexpected circumstances.

Penalties:

1. Late Submission: Submission penalties of 5% (of the total mark of the assignment) each day (or part
thereof) will be deducted for late submission (including weekends and public holidays), (ie an essay graded 63% will have 5 % deducted if it is one day late, for a final mark of 58%, 10% if it is two days, etc).

2. Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks available per 100 words or part thereof (ie with a word limit of 3,500, an essay graded 63% will have 5% deducted if it is 3501 words long, for a final grade of 58%, 10% if it is 3601 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.

Feedback and assessment turnaround time:
Feedback on Group Exercise will be given within one week. 

Group feedback, together with written, individual feedback will be provided. The Research Essay will be returned to students within 3-4 weeks of the submission date with written individual feedback on the MyUni platform.

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

• assurance of the qualifications of markers, and their knowledge of the content covered in each course;
• detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
• sharing of example marked assessments at various grade bands across markers;
• reviewing of selected marked assessments from each marker by the course coordinator;
• comparison of the marks and their distribution across markers;
• automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
• the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

The provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the 成人大片.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program

Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our , and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support

The University’s service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.

Academic Integrity

All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.