Semester 2, 2018

Insolvency Law - Notes Bunch (Exam + Case)

74 pages

31,713 words



The notes combine exam and case notes, fully indexed with bookmarks and headings, and therefore easy to navigate between sections.

In the exam notes, the author adopts a partisan approach and includes in one topic must-have statement as well as counter-arguments the other party might raise in the hypo. It also includes the lecturers' wisdom when commenting on past exams. The exam note covers the 12 weeks' learning 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

The case note covers 12 weeks' cases in the foregoing topics.

The author also sells exam and case notes for Insolvency Law separately on StudentVIP.