LAW5385 - Corporate finance law - 2018

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.

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.

Research assignment (3,750 words): 50%

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

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