units

LAW5385

Faculty of Law

Postgraduate - Unit

This unit entry is for students who completed this unit in 2015 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.

print version

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.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Term 1 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7430

Quota applies

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

Synopsis

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, including syndicated lending and project finance; debt capital markets; securitisation; derivatives and credit default arrangements; key features of corporate insolvency; and the rules of set off and netting.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to corporate finance law with creativity and initiative to new situations in professional practice and/or for further learning
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to corporate finance law.
  • Conduct research in corporate finance law based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to corporate finance law.

Assessment

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

Workload requirements

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).

Chief examiner(s)

Prerequisites

LAW5002 and LAW5005 or the equivalent as approved by the Chief Examiner

Prohibitions