成人大片

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

This course is taught in intensive mode in 2017, on all of the following days:
Friday 6th October, Saturday 7th October, Friday 13th October, Saturday 14th October

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.

 

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.

Learning and teaching will be primarily in four full-day classes, with some online learning, and will be a mixture of lecture, seminar, and student participation in group exercises.

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.

Friday 6 October
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, Informal Rescue, The role of insolvency practitioners, directors’ duties and corporate rescue


Saturday 7 October
9.30-12.30- Voluntary Administration procedure(Australia)

1.30-430 A world view of corporate rescue- and overview of US, UK, Canadian and Singapore
corporate rescue


Friday 13 October
9.30-12.30 Quiz feedback
UNCITRAL Guide and Model Law
Cross Border Insolvency Issues

1.30-4.30 Guest lecture/ Recent Developments
Time to work on group exercise

Saturday 14 October
9.30-12.30.Group presentations on financial distress scenario

1.30-4.30 Concluding remarks, future developments
Research essay consultation

Precise timings and order may alter slightly, eg depending on group/enrolment numbers.

Attendance and participation at all four classes is required save in the case of certificated medical and other similar circumstances.

 

Not applicable.

Assessment Task	Task Type	Due	Weighting	Type	Redeemable	CLO
Online Quiz	Formative and Summative	11 October 5pm	15%	Individual	No	1-2
Participation	Summative	Throughout course, mark allocated after final class	10%	Individual	No	1-5
Hypothetical Case Exercise	Summative	In class 14 October	20%	10% Group 10%Individual	No	1-5
Research Essay	Summative	10 November 5 pm	55%	Individual	No	1-4,6

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.

Research Essay
The research essay (5000 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 14 October, 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 substantial research piece ofscholarship 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 studentsmust 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 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


Fail 
0 – 49
Does not develop coherent and rational arguments; demonstrates fundamental errors of understanding of key legal
principles and concepts; little evidence of research to support arguments; demonstrates limited analytical and evaluative skills

Pass 50 – 64
Demonstrates a basic understanding of the relevant legal material eg legislation, cases and treaties; applies core texts and materials; arguments rational and coherent; adheres to referencing requirements

Credit 65 – 74
Demonstrates a high level of understanding of the relevant legal materials; has a thorough understanding of course materials; arguments are well constructed with appropriate supporting referencing; demonstrates some critical legal thinking and evaluative skills

Distinction 75 – 84
A very high standard of understanding of the relevant legal materials with some original and sophisticated perspectives included; paper demonstrates high level insight; broad ranging research undertaken; evidence of high level of critical thinking; well developed analytical and evaluative skills

High Distinction 85 - 100
Outstanding level of understanding and interpretation demonstrated; arguments are compelling and well supported by
relevant authorities; student has undertaken broad ranging research and demonstrated original and sophisticated thinking especially in relation to difficult areas of legal application; highly developed written communication skills demonstrated.
 
Online Quiz
The online quiz will be a multiple choice quiz which will test the material lectured and provided in classes and online prior to 8th October. Students may only attempt it once, but a short trial quiz will be provided on MyUni for formative purposes. Feedback onthe quiz will be given by 17 October.

Hypothetical Case Exercise
On the final class contact day, 14 October, students will work in pairs or groups of teams (numbers dependent on enrolments) to negotiate and advocate a role within a complex corporate rescue scenario with international elements. Materials and role with further explanation of expectations will be provided the weekend before. Each group must email to the coordinator by Friday 13th 7 pm, a two page (A4 Times New Roman 10 point font) skeleton synopsis of their case, referencing sources relied upon. Students are not expected to do lengthy research, as the classes and materials should provide most of the required legal information.  Each student in the group must participate orally in the presentation and negotiation sessions, approximately proportionately (for example in a group of three, each students should participate orally in approximately one-third of their group's oral presentation). Each student should similarly  participate in the production of the written synopsis.

A group mark of 10% will be awarded based on overall quality of content of legal argument, oral communication and articulation of their case (including the synopsis)  and an individual mark of 10% will be awarded to each member for the quality of their contribution.

5.1  Submission

Submission of the research essays should be online via Turnitin. Instructions will be given on MyUni before the last class.
 
All written work in the Law school is required to comply with the approved Law School style guide, The Australian Guide to Legal Citation.

Extensions: Requests for extensions must be made via email to the course coordinator. 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 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 3,000, an essay graded 63% will have 5% deducted if it is
3001 words long, for a final grade of 58%, 10% if it is 3101 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 presentation/paper will be given within one week. Feedback on research essay will be given within three weeks.

Group feedback, together with written, individual feedback will be provided, from which students can learn from in the final assignment. The final assignment will be returned to students within 4 weeks of the submission date with written individual feedback.

E-SELTS will be requested for you to complete after the course,  by student email system. A folllow-up reminder will be sent through the email system.

The University places a high priority on approaches to learning and
teaching that enhance the student experience. Feedback is sought from
students in a variety of ways including on-going engagement with staff,
the use of online discussion boards and the use of Student Experience of
Learning and Teaching (SELT) surveys as well as CEQ surveys and Program
reviews.

SELTs are an important source of information to inform individual
teaching practice, decisions about teaching duties, and course and
program curriculum design. They enable the University to assess how
effectively its learning environments and teaching practices facilitate
student engagement and learning outcomes. Under the current SELT Policy
(http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and
must be conducted at least once every 2 years. Feedback on issues
raised through course SELT surveys is made available to enrolled
students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.