Law of Secured Finance

Subject 730-837 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points:
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2009:

June, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidates background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Dr Paul Ali
Subject Overview:

Objectives:

This subject involves a detailed examination of the law of secured finance transactions. A student who has successfully completed this 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, including the Personal Properties Securities Bill 2008.
Assessment:
  • Research paper 10,000 words (100%) (17 September) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-837Law of Secured FinanceMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2009P

Objectives:

This subject involves a detailed examination of the law of secured finance transactions. A student who has successfully completed this 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, including the Personal Properties Securities Bill 2008.
  • Research paper 10,000 words (100%) (17 September) (topic approved by the subject coordinator)
N.A. N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidates background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Dr Paul AliLawLawNNNNParkvillePARKVILLEFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730837730-8372June

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