Semester 2, 2018

Insolvency Law - Case Notes

21 pages

10,747 words



This note arranges cases alphabetically, has pinpoint citation to page or paragraph number (as in law report). It covers the 12 weeks' cases including the following topics:

1. Solvency / Bankruptcy assessment
2. Commencing bankruptcy
- Involuntary bankruptcy
- Voluntary bankruptcy
- Alternatives to bankruptcy
- Discharge
- Annulment
3. Consequence of bankruptcy
- Personal impact
- Vesting of property
- Deprivation of right to pursue provable debts
- Stay of legal proceedings
4. Recovery Proceeding in bankruptcy
- Undervalued transactions
- Transfer to defeat creditors
- Preferences
5. Alternative to liquidation
- Voluntary winding up
- Voluntary administration
- Receivership
6. Commencing liquidation (most importantly, wound up on insolvency)
7. Consequence of liquidation
8. Priority in distribution
9. Recovery proceeding in winding up
- Voidable transaction
- Transaction defeating employee entitlements
- Circulating security interest
- Security interest in favour of officer
- Insolvent trading

Each case begins with notes on court level, year, judges and topic covered, followed by facts and pinpoint decision references, and sometimes ends with extract from casebook summary on relevant law. I also sell my exam notes for Insolvency Law on StudentVIP.