Critically evaluate whether Australian corporate insolvency law adequately strikes a balance between (i) creditors’ rights and interests and (ii) facilitating options for financially distressed companies and their directors.

Corporate Insolvency

Description

Choose one and  produce the best result on: :

1) Critically evaluate the laws and professional standards that determine the manner in which liquidators are paid for their work. Should courts impose ad valorem percentages (applied to asset realisations) as an appropriate basis for the calculation and approval of a liquidator’s remuneration claim where there are minimal assets in a ‘small’ liquidation?

2) Critically analyse the tension between (i) the power of a Part 5.3A administrator to sell the assets of a company (including its business) and (ii) the right of creditors, at their second meeting, to determine the fate of a company that has entered voluntary administration.

3) Critically evaluate whether Australian corporate insolvency law adequately strikes a balance between (i) creditors’ rights and interests and (ii) facilitating options for financially distressed companies and their directors.

Assessment Criteria

• Identification of relevant legal issues [20]

• Use of appropriate authorities to support advanced and integrated arguments,

including high quality secondary sources [15]

• Demonstration of critical perspectives and counter-arguments [15]

• Structure, writing style and appropriate AGLC referencing [5]

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