LAW7014

Secured finance and related transactions

(LAW)

Professor Catherine Walsh

6 points + Intensive + City

Synopsis: This subject will cover the concepts of secured finance in anglo-Australian law. It will examine the legal incidents of the mortgage, charge, pledge and lien and the legal consequences of this conceptual classification of transactions. It will also consider related transactions such as set-off, flawed asset arrangements, retention of title clauses, various forms of guarantees and letters of comfort. Current legal issues in a range of security and quasi-security transactions such as floating charges and fixed charges will be dealt with as well as some discussion of priorities disputes under the current system and posssible directions for reform of the existing law.

Assessment: Research paper (3750 words): 50% + Supervised examination (1.5 hours): 40% + Class participation: 10%