Corporate Banking and Finance Law

Subject 730-413 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Undergraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Semester 2, - 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: Two contact hours per week
Total Time Commitment: Estimated total time commitment of 120 hours.
Prerequisites: Legal Method and Reasoning; Principles of Public Law; Torts; Legal Theory; Contracts; Obligations; Property or in each case their equivalents.
Corequisites: Corporations Law or equivalent
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements:

For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.

It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support:


Ms S Steele
Subject Overview:

Negotiations between stakeholders in corporate financial transactions are driven by various legal considerations. An understanding of the fundamental legal issues underpinning any financial transaction is essential for a commercial lawyer to successfully advise banks and corporate borrowers.

The subject begins with an overview of corporate finance transactions and the stakeholders involved in debt financing. Students will analyse the key terms of a loan agreement and consider various negotiating and drafting strategies based on a syndicated debt finance case study. Students will learn about the fundamental characteristics of syndicated lending and the legal relationships between the arranger/agent, lenders and borrower. The final part of the subject deals with contractual rights commonly regarded commercially as security in Australia, in particular, negative pledges and guarantees. Students will also analyse documentation containing these types of provisions.

Class discussion will include case studies and hypothetical problems designed to give students an opportunity to practice negotiation and consider drafting issues in a corporate banking and finance law context.

This course complements Retail Banking and Finance Law. Although it is not necessary to enrol in both courses, students who have completed both subjects should have a good understanding of the foundations of retail financial services and corporate banking and finance transactions.

Assessment: A drafting exercise due in mid-semester (30%)A three hour examination at the end of semester (70%)
Prescribed Texts: Printed materials will be issued by the Faculty of Law.
Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills:

On completion of the subject, students should have developed the following generic skills:

  • attitudes towards knowledge that include valuing truth, openness to new ideas and ethics associated with knowledge creation and usage
  • the capacity for close reading and analysis of a range of sources
  • the capacity for critical and independent thought and reflection
  • the capacity to solve problems, including through the collection and evaluation of information
  • the capacity to communicate, both orally and in writing
  • the capacity to plan and manage time

In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:

  • create structured and effective legal analyses and arguments to solve hypothetical fact scenarios relating to corporate banking and finance law;

  • summarise and analyse cases relating to corporate banking and finance law; and

  • negotiate at a basic level certain aspects of financing documentation.

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