Finance Law

Subject 333-671 (2009)

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

Credit Points: 6.25
Level: 9 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2009:

For information about these dates, click here.
Time Commitment: Contact Hours: 18 hours per semester (Semester 1).
Total Time Commitment: Not available
Prerequisites:

This subject is only available to those students that would satisfy the entry criteria for the Master of Applied Finance or who have already completed 100 points in the Master of Financial Management.
Corequisites: None
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: http://services.unimelb.edu.au/disability
Subject Overview: The subject deals with a range of general law issues relating to finance including contract, property and security, as well as the sections of the trade practices legislation concerning misleading and deceptive conduct. Particular topics include fundraising, derivatives and insolvency. The subject gives a general overview of legal systems. It seeks to address legal issues specifically in a way which will be relevant to problems arising in other countries whose basic legal system derives from England: for example, the United States of America, Canada, Hong Kong, Singapore and India as well as Australia and England itself.
Objectives: On successful completion of this subject students should be able to:
  • Compare and contrast legal systems and capital market regulation as commonly applied in international finance markets;
  • Explain the legal concepts of debt, equity and hybrid financial instruments;
  • Discuss the concepts of misrepresentation and misleading and deceptive conduct as applied to financial transactions;
  • Describe legal aspects of security and negative pledge lending;
  • Critically evaluate the fund raising provisions of the Corporations Law in Australia;
  • Discuss legal aspects of dispute resolution, insolvency and remedies for default in a financial market and financial institutional context;
  • Identify legal problems which commonly arise in financial transactions in the areas of contract, tort and fiduciary duty.
Assessment: A 2-hour end-of-semester examination (70%) and assignments totalling not more than 1500 words (30%).
Prescribed Texts: None
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills:

On successful completion of this subject, students should have improved the following generic skills:

  • Oral communication
  • Written communication
  • Collaborative learning
  • Problem solving
  • Team work
  • Statistical reasoning
  • Application of theory to practice
  • Interpretation & analysis
  • Critical thinking
  • Synthesis of data and other information
  • Evaluation of data and other information
  • Using computer software
  • Accessing data and other information from a range of sources
Related Course(s): Master of Applied Finance
Master of Finance
Master of Financial Management

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