The University of New South Wales

go to UNSW home page

Handbook Home

PRINT THIS PAGE
Banking and Finance Law - LAWS8026
Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
 
 
CSS Contribution Charge:Band 3 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

Description

Banking and Finance Law is a single session course which examines the law and practice concerning the provision of finance. The course is of particular relevance to those seeking to strengthen professional skills and will be taught primarily by specialist practitioners, principally by leading banking and finance law partners of Mallesons Stephen Jaques. A transactional approach will be adopted in appropriate classes.
The focus is on the raising of debt finance, including secured transactions, subordinated and unsecured lending, bank finance and capital market borrowings, and syndicated loan financing. While topics considered may vary from year to year they will include many of the following : negotiable instruments; stamp duty considerations; project and infrastructure financing; security and guarantees; insolvency issues in banking and finance, including voluntary administration; securitisation; leasing; selected lending techniques including syndication, transferable loan facilities and co-financings; international capital markets and derivatives. Equity capital raising will not be covered in this course but will be dealt with in LAWS8092 Securities and Financial Market Regulation.


LLM Specialisations

Recommended Prior Knowledge

Knowledge of Australian Corporate Law and Regulation either from undergraduate law degree or relevant work experience. International Students are advised to NOT enrol in this course unless they have an understanding of Australian Corporate Law and Regulation.

Course Objectives

A candidate who has successfully completed this course should be able to:
  • Identify the legal issues which arise in large financing transactions
  • Appreciate the interaction in a financing transaction of the common law, equity, statute and contract in the drafting and enforcement of security of loan and security documentation
  • Understand the steps involved in structuring borrowings in the domestic and cross-border capital markets
  • Understand the role of derivatives in financing transactions

Main Topics

  • Everyday issues and common pitfalls in finance law
  • Nature of security
  • Fixed and floating charges
  • Insolvency issues in finance law
  • Securitisation
  • Derivatives, netting and set off
  • Aspects of syndicated lending
  • International capital markets
  • Project and infrastructure financing
  • Structured financing

Assessment

Synopsis of research essay 500 words 10%
Research essay 6,000 words 90%
 

Course Texts

Prescribed
Mallesons Stephen Jaques, Australian Finance Law (Lawbook Co, 5th ed, 2003)

Recommended
Other works of particular relevance and reference for this course are:

  • Cranston, R., Principles of Banking Law (Oxford, 2nd ed, 2003)
  • Ford, H Austin, RP and Ramsay, IM., Ford's Principles of Corporations Law (Butterworths, 11th ed, 2003 and in looseleaf service)
  • Goode, RM., Legal Problems of Credit and Security (Sweet & Maxwell, 3rd ed, 2003)
  • Goode, RM., Principles of Corporate Insolvency Law (Sweet & Maxwell, 2nd ed, 1997)
  • McCracken, S. & Everett, A., Everett and McCracken's Banking and Financial Institutions Law (Lawbook Co, 6th ed, 2004)

Resources

Materials will also be distributed in advance of most classes, and where appropriate, placed on Blackboard.

URL for this page:

© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.