Business Law

Consumer Law & Enterprise Structures (G_S4M3)

This course delves into the law relating to directors and management, members’ rights and applies it to the winding up of a company. Topics include: Industrial Relations & Employment Law; Intellectual Property (IP) Law; Insolvency Law; Taxation Law; Anti-Trust & Fair-Trading Law; Corporate Compliance Law; Enterprise & Business Structures; Sole Trader Individual; and Partnerships (& Limited Partnerships).

Insolvency can be defined as the inability to pay one's debts as they fall due. Generally, insolvency terms refers to the inability for a company to pay off its debts.

In Australia, insolvency litigation is about 50% of all litigation involving companies. This area of law is therefore of vital importance academically and in accounting, legal and banking practice.

The Corporations Act 2001 contains detailed provisions relating to insolvent trading. Where transactions occurred prior to 23 June 1993, the applicable provisions are contained in ss 592, 593 and 589. Where transactions occur on and after 23 June 1993, Part 5.7B contains the relevant provisions. Insolvency is not a substitute for bankruptcy.

What Is Bankruptcy?
In Australia, the term bankruptcy is used in relation to an individual person, rather than a company. Bankruptcy is the approach by which the normal rights of a creditor are withheld in the interests of the debtor and by which the law of debt is modified to affect a compromise beneficial to all parties.

Upon the completion of this module, users will be able to:
• Critically apply Industrial Relations & Employment Law. This includes the Insolvency Law Online Quiz.
• Demonstrate skills in legal research, critical analysis and the written presentation of research and argument.

TIME: Up to 2 Hours

• No prerequisites.
• No materials distributed.
• No formal assessments required.
  • S4. Law - Lecture 3 - Insolvency and Consumer Law / Enterprise Structures
  • S4. Law - Course Linkage Map
  • S4. Law - Course Linkage Table
Completion rules
  • All units must be completed
  • Leads to a certificate with a duration: Forever