University of Technology, Sydney

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76080 Finance Law

6cp
Requisite(s): 70417 Corporate Law AND 70517 Equity and Trusts AND 70327 Introduction to Property and Commercial Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.

Description

This subject provides a detailed examination of the Personal Property Securities Act 2009 (Cwlth) including what constitutes secured finance, compliance with the regime, and consequences of non-compliance. An emphasis on legal analysis and practical application provides students with a professional perspective on the effect of the legislation. Students critically analyse lessons from domestic and foreign jurisprudence.

Applying a practical focus, students consider the legal framework within which commercial enterprises raise debt finance and issues that are encountered in taking security. Various forms of secured and unsecured finance are considered, including acquisition and asset financing arrangements, lending to trusts and derivatives. Subject themes, as applied in the assessment tasks, enable students to understand and interrogate the growing body of jurisprudence concerning structured finance in Australia. Integrating a theoretical and practical approach allows students to develop their own ideas about Australian finance laws.

At the conclusion of this subject, students have an understanding of the methods for protecting unsecured loans, including negative pledge lending, guarantees and debt subordination agreements. Key aspects of insolvency law are also discussed. Students are encouraged to engage with current developments and debate in the area of finance law in Australia.


Detailed subject description.

Fee information

Information to assist with determining the applicable fee type can be found at Understanding fees.

Access conditions

Note: The requisite information presented in this subject description covers only academic requisites. Full details of all enforced rules, covering both academic and admission requisites, are available at access conditions and My Student Admin.