The Justification for Different Laws and Rules - Essay Writing Assignment Help

Assignment Task:

In addition to the specific topics below, consider:

1. Examining/comparing the law in a different jurisdiction (perhaps one of the topics below, or some other specific area of insolvency)

2. Considering the impact of, or interaction of, insolvency law with another area of law, for example family law, arbitration, employment, environment, intellectual property- particularly if you have studied or worked in one of these fields

3. Consider the impact of insolvency law (and issues arising) in particular industry sectors, eg construction, mining, farming,  IT, banking and financial services, retail, essential services (rail, aviation)

1. Consider the justification for different laws and rules for personal as opposed to corporate insolvency in Australia

2. Bankruptcy is said to carry a ‘stigma’. How far is this true of bankruptcy in Australia, and how far should it be necessary?

3. Discuss the proposal of the recent but now abandoned Bill to reduce bankruptcy discharge from three years to one year

4. In the UK privately appointed receivers have for the most part been prohibited since 2003. Should we abolish or restrict receivership as a remedy in Australian insolvency?

5. How far is Voluntary Administration meeting the vision of Harmer Report and the objectives of Part 5.3A?

6. Analyse the position of directors in Deeds of Company Arrangement

7. Compare Deeds of Company Arrangement under Part 5.3A with Schemes of Arrangement under Part 5.1 Corporations Act

8. Should the debtor remain in possession on a corporate rescue in Australia, as is the case with US Chapter 11?

9. Discuss the protection for employees as creditors in Australian corporate insolvency

10. Examine the powers of creditors during corporate insolvency procedures.

11. Should companies be able to ‘walk away’ from their environmental responsibilities by using liquidation?

12. Consider how the law of voidable transactions in corporate insolvency achieves a balance between individual creditors who trade with a business prior to its later insolvency, and the creditors as a whole.

13. Consider the impact and effect of the ‘safe harbour’ protection from insolvent trading liability which was introduced in July 2018

14. Consider the likely impact and effect of the recent prohibition on ‘ipso facto’ clauses in corporate rescue and receivership

15.  Illegal Phoenix companies are now outlawed by new legislation passed in February 2020. Will this new legislative attempt to control such behaviour help liquidators and creditors? 

16. The Insolvency Law Reform Act 2016 was not reform of insolvency law. Discuss.

17. Analyse the regulation of the profession of both corporate and personal insolvency practitioners in the light of the Insolvency Law Reform Act 2016.

18. Analyse the meaning of ‘insolvency’ in Australian statute and case law.

19. Discuss the role and influence of international bodies on Australian insolvency law

20. Consider the impact of the UNCITRAL Model Law in Australian case law.

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