Banking and Finance Law - LAWS8026
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: 3 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
Description
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
Course Objectives
- 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)
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