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This subject examines the fundamental principles under Australian law relating to the provision of credit by financiers to businesses and consumers. The subject has as its focus the legal design of key financing transactions and the chief means by which financiers manage the risk of a borrower’s default or insolvency. The topics covered range from 'vanilla' unsecured loans to loans supported by security interests and more complex title-based transactions. The subject also discusses recent Australian reforms in the field of banking and finance law, including the Personal Property Securities Act.
This subject is a preparatory subject for the more specialised subjects in the Banking and Finance Law program.
Principal topics include:
- The financier–borrower relationship and key governance issues in banking and finance transactions
- Building blocks of banking and finance transactions
- Law relating to guarantees and security interests
- Legal design of more complex banking and finance transactions
- Recent legal reforms.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the legal principles of Australian banking and finance law, including recent developments in this field
- Be able to critically examine, analyse, interpret and assess these principles;
- Be an engaged participant in debate regarding emerging and contemporary issues in this field
- Have a sophisticated appreciation of, and the ability to engage in, well-reasoned and expressed policy and law reform debates concerning recent developments in banking and finance law
- Have an advanced understanding of the legal principles that arise under Australian law in banking and finance transactions
- Have the cognitive and technical skills to generate critical and creative ideas relating to banking and finance transactions, and to critically evaluate the key principles of Australian banking and finance law
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to banking and finance transactions
- Have the communication skills to clearly articulate and convey complex information regarding the field of banking and finance law to relevant specialist and non-specialist audiences
- Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of banking and finance law.
Last updated: 6 December 2019