LAW5648 - Comparative commercial transactions law - 2018

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

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



Chief examiner(s)

Marilyn Pittard (Prato Convenor)

Unit guides



  • Term 2 2018 (On-campus block of classes)


The achievement of at least twelve units or 72 credit points towards the Master of Laws (Juris Doctor).




This unit introduces students to the legal issues relating to transactions undertaken by companies in order to borrow money for their activities. The unit is in two parts. In the first part of the unit, measures of obtaining finance are examined in light of the main principles of the law of secured transactions. The unit undertakes comparisons of jurisdictions and compares the American Uniform Commercial Code and Australian legislation, the Personal Property Securities Act 2009 (Cth), to the law in England and in Israel. The second part of the unit focuses on the law of assignment of debts and raising money through factoring and securitisation.


On completion of the Unit, students will be able to:

  1. Outline and explain the main principles and policies of the fields of security interests and assignment of debts
  2. Apply the law of secured transactions and the rules of security interests and assignment of debts to complex legal issues
  3. Evaluate and compare modern techniques of raising money
  4. Research the law of secured transactions and the rules of security interests and assignment of debts


Class participation: 10%

Presentation on topic/issue: 10%

Report (written report from class presentation) (1500 words): 20%

Research assignment (4500 words): 60%

Note: an attendance hurdle of 80% of classes applies to Prato units. This means that students who fail to attend at least 80% of the classes (ie who, for most units, miss more than 2 classes) will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to illness or other exceptional circumstances must make an application for in-semester special consideration.

Workload requirements

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

  1. hours at Prato)