Faculty of Law

Postgraduate - Unit

This unit entry is for students who completed this unit in 2014 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered, or view unit timetables.

FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2014 (On-campus split block of classes)


Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.


The unit introduces postgraduate students to the legal principles that underpin how companies and other institutions borrow money or otherwise access credit facilities. It will deal with the statutory law regulating the finance markets in Australia, as well as applicable common law and equitable principles, and will include some consideration of comparative dimensions of corporate debt finance law. Topics covered will include: considerations to be taken into account in relation to companies borrowing (including considerations to be taken into account before incurring debt and the obligations of directors); the principles of security, both traditional and under the Personal Property Securities Act; how related companies guarantee or otherwise support each other and the legal issues arising in relation to guarantees and other forms of support; different; forms of credit; , securitisation, derivatives and credit default arrangements); key features of corporate insolvency; and the rules of set off and netting.


A candidate who successfully completes this unit should be able to:

  • apply knowledge of the key principles in credit and security law and their impact

on financing transactions and exercise analytic skill and professional judgment to

generate appropriate responses to moderately complex problems

  • critically evaluate, integrate and apply abstract concepts to legal issues or

considerations that typically arise in corporate financing transactions

  • research independently, synthesise and analyse information about credit and

security law to create new understandings of key developments that contribute to

professional practice or scholarship.

  • effectively and persuasively interpret, communicate and present ideas and arguments

relating to credit and security law.


Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50%

Chief examiner(s)

Workload requirements

24 Hours