Banking and Finance Law

Subject LAWS70206 (2012)

Note: This is an archived Handbook entry from 2012.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2012:

June, Parkville - 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: The total class time is between 24 and 26 hours.
Total Time Commitment: Not available




Recommended Background Knowledge:

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

Non Allowed Subjects:


Core Participation Requirements:

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

  • The ability to attend a minimum of 75% of classes and actively engage in the analysis of complex materials and debate;
  • The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
  • The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
  • The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
  • The ability to work independently and as a part of a group;
  • The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit:


Assoc Prof Paul Ali


For more information, contact the Melbourne Law Masters office.

Email or phone +61 3 8344 6190.

Alternatively, visit our website:

Subject Overview:

The global financial crisis has led to a re-evaluation worldwide of many well-established methods for raising funds and managing credit risk. From a legal perspective, this involves an inquiry into the relationship between lenders and borrowers and the legal instruments that lenders have at their disposal to mitigate the risk of a borrower‘s default. This subject is designed to provide students with an overview of the fundamental legal principles relating to the provision of credit to businesses and the legal design of key financing transactions. These range from ‘vanilla’ unsecured loans to those supported by guarantees and enterprise-wide security interests and, finally, to more complex structures such as securitisation. This subject also provides an overview of recent Australian reforms as well as recent international initiatives to harmonise cross-border financing transactions.

Principal topics will include:

  • The financier–borrower relationship and key governance issues in banking and finance transactions
  • Building blocks of banking and finance transactions
  • Law relating to guarantees and security interests
  • Legal design of more ‘advanced’ banking and finance transactions, including multi-bank facilities and securitisations and legal design of credit derivatives
  • International initiatives to harmonise cross-border banking and finance transactions.

A student who has successfully completed this subject should:

  • Have a broad understanding of key banking and finance law principles
  • Have developed the skills to identify legal issues or considerations that arise in typical banking and finance transactions.

10,000 word research paper (100%) (10 September) on a 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. Visit the Melbourne Law Masters website for more information about this subject.

Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Links to further information:

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