This essay will be designed to test the student’s research skills and deal with a practical real life scenario in a corporate law context. The student will need to be aware of and have a good knowledge of the corporate regulatory environment.

The Question

This is a study of the topic of insolvency of a company leading to its wind up by either the members or the creditors, or alternatively how a company might be saved from liquidation. In this presentation you are required to address the following issues:

•   What are the signs that a company is insolvent, and what actions and proactivity is required of the directors in these circumstances?
•   What are the potential liabilities of company directors in the event of a company becoming insolvent?
•   What are the different avenues available to the company, in particular to the directors, if the company is presumed to be insolvent?
•   What is the difference between voluntary and involuntary interventions by different parties concerned by the potential insolvency of the company?
•   What might be a good outcome for a company other than being wound up by the creditors, and how might this be achieved?
•   What are the statistics on insolvency regarding Australian companies?
•   Are there any topical issues regarding insolvency of Australian companies?
•   What is the role of ASIC and any other statutory authorities regarding an insolvent

  company?

•   Make any appropriate observations regarding insolvency you believe might be relevant in

  this presentation, as a result of your reading and research. Refer to any real life situations in your presentation.

  Expectations

•   Students are to read text books, cases, search the internet for articles and commentary, and to follow the guidance of the lecturer in their research and reading.
•   Ensure your name and student number is clearly visible on your assignment. 

  ensure that their essay displays appropriate clear expression and presentation.

•   Students must reference materials appropriately (statute and case law), and ensure that any

  materials that are cited, quoted or referred to, have appropriate attribution (ie footnoted and with adequate indication of the use of any author’s work). We will do some work on this in class.

•   Each presentation must be individual work and students must not copy another student’s work, or cut and paste work from books or the internet. Please be aware that plagiarism (the copying of someone else’s work) is not acceptable in any professional practice.
•   Please ask your lecturer for assistance if you are unsure about an aspect of this assessment.

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