Subjects 2008
Law of Secured Finance (formerly Securities for Corporate Lending) 730837
- Credited Courses: Graduate Diploma in Corporations and Securities Law 538; Graduate Diploma in Tax 187; Master of Banking and Financial Services Law 526; Master of Commercial Law 504; Master of Laws by Coursework (LLM) 502; Master of Tax 742
Objectives
This subject involves a detailed examination of the law of secured finance transactions.
A candidate who has successfully completed the subject should:
- Have a broadly based understanding of key security interest law principles
- Develop the skills to identify the legal issues or considerations that typically arise in secured finance transactions and analogous transactions.
Syllabus
Security interests – basically rights in property, taken to support the performance of contractual obligations – are an integral feature of many financing transactions both in Australia and internationally. Lenders routinely demand comprehensive security interests from corporate borrowers in order to protect themselves from a borrower’s default or insolvency. Security interests also play a vital role in complex financing transactions, including project finance, securitisation and structured finance.
Principal topics will include:
- Transaction-oriented approach to security interests
- Comprehensive overview of the law relating to security interests in Australia and other major common law jurisdictions
- Legal design of the different types of financing transactions (ranging from single-lender loans to securitisation) in which security interests are commonly encountered
- Recent international initiatives to harmonise the law of international secured finance
- Reform of the law of security interests in Australia.
