LAW 6512 - Banking and Finance

North Terrace Campus - Semester 2 - 2019

An entry-level lawyer who practises in Banking and Finance should be able to demonstrate competence in advising clients on some of the common ways to finance commercial transactions and they should be able to demonstrate competence in drafting simple loan agreements and associated security documents and in taking the actions required to perfect those securities.

  • General Course Information
    Course Details
    Course Code LAW 6512
    Course Banking and Finance
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Online Intensive
    Available for Study Abroad and Exchange N
    Assumed Knowledge LLB
    Restrictions Available to GDLP students only
    Course Description An entry-level lawyer who practises in Banking and Finance should be able to demonstrate competence in advising clients on some of the common ways to finance commercial transactions and they should be able to demonstrate competence in drafting simple loan agreements and associated security documents and in taking the actions required to perfect those securities.
    Course Staff

    Course Coordinator: Desiree Holland

    Course Supervisor- Sarah Hay
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

    This course will be taught intensively online only.
  • Learning Outcomes
    Course Learning Outcomes
    On successful completion of this course students will be able to:
    1. Identify purpose, audience and structure and construct concise and cohesive written documents for a/legal/professional/general/audience within the context of Banking and Finance.
    2. Critically evaluate and interpret information necessary to perform competently as graduate entry lawyer in the field of Banking and Finance.
    3. Apply different formats to create works containing effective, clear communication to demonstrate competence in advising clients on some of the common ways to finance commercial transactions.
    4. Assess client requirements and propose coherent feasible solutions in Banking and Finance. 5. Identify and apply ethical principles which govern legal practice in Banking and Finance. 6. Demonstrate skills in communicating orally and in writing demonstrating competence in drafting simple loan agreements and associated security documents and in taking the actions required to perfect those securities.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1,4
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    2
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    3,6
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    4
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    5
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    6
  • Learning Resources
    Required Resources


    No textbooks are assigned for GDLP courses.

    Lecture resources and readings available on MyUni
    ONLY.

    Due to an emphasis on current legal practice, other
    materials may be added after the course outline has been posted. Students are
    required to check MyUni daily to keep up to date.

  • Learning & Teaching Activities
    Learning & Teaching Modes

    The course will be taught through recorded lectures
    supported by practical exercises, readings, as well as independent study.

    Students must listen to online lectures, undertake
    prior reading and develop written and oral responses to practical exercises.

    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.



    The information below is provided as a guide to
    assist students in engaging appropriately with the course requirements.

    Contact time

    This course will be available online only.

    Preparation time

    It is anticipated that students will do substantial
    independent work to prepare for written and oral assessments.

    The University expects full times students, in
    particular those enrolled over a 6 month rather than 12 -month period to devote
    in excess of 15 hours per week to their studies.

    Learning Activities Summary

    Course modules will cover the 5 elements set out below


    1. Preliminary investigation
     
    - identified one or more ways of financing a borrower’·s proposal and identified the securities available to a financier in the situation
     
    - undertaken any necessary preliminary searches and inquiries
    to

    - investigate issues of ownership, title and the
    capacity of any
    party to enter into the proposed financial arrangement

    - identified any consents to, or notifications of, the proposed
    financial arrangement required by existing financial
    or contractual arrangements

    - identified any requirements
    imposed on the financier by law in respect of the proposed financial arrangement .

    2. Planning
        
    - planned the steps to be taken to effect the proposed arrangement including identifying and recording any critical dates, identifying any necessary searches
    and inquiries and identifying the required documentation

    3. Documentation

    - drafted the relevant loan and securitydocuments
          
    - informed the borrower of their obligations in relation to the arrangement including any personal
    obligations under any guarantees
           
    - complied with any legislative requirements relating to the proposed arrangement

    4.  Due Diligence

     - undertaken any further searches and inquiries  required
     and advised the client what experts need to be engaged for due diligence
    (accountants etc.)

    5. Finalisation

       
    - had the transaction documentation executed, and (if necessary) stamped and registered according to law and good practice.

     - An entry-level lawyer may not demonstrate competence in this elective practice
    area by submitting the same or similar work, to work that the entry-level lawyer submits to demonstrate competence in the Commercial and Corporate Practice
    area.

     

    In this course, the following elements of the National Competency Standards for Entry Level Lawyers are embedded:


    - Ethics and professional responsibility
    - Lawyers
    skills
    - Problem solving
    - Work management and business skills

    Students are required to demonstrate, where
    appropriate the following:

    - PunctualityWorkload
    - management and ability to adhere to deadlinesActive
    - engagement in practical activitiesRespectful
    - behaviour towards othersA high
    - level of confidentiality at all timesSatisfactory
    - completion of prescribed exercise.

  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary

    Assessments will be made available to students, prior to the nominated deadline.

    Note: Competence must be demonstrated in all assessment tasks and activities.

    All assessments are competency based (non-graded pass). Competence must be demonstrated in ALL assessment tasks and activities. MyUni requires a numerical value to display that competency has been demonstrated. Please note:

    1 – Competency has been achieved (non-graded pass)
    0 = Competency has not yet been achieved (re-submission required).

    * Assessment deadlines will be posted on MyUni prior to the course commencing.

    Assessment Task Task Type Due Weighting Length Learning Outcome
    Module Questions Individual work Weeks 2 and 3 of intensive n/a 750 words 1,2,4,5
    Oral presentation Individual work Weeks 2 and 3 of intensive n/a 15 mins 3,6
    Drafting of Contracts Individual work Weeks 2 and 3 of intensive n/a 1000 words 1,3,4,5,6
    Assessment Detail


    Assessment guidelines will be provided for each assessment task. Unless otherwise stated, there will no prescribed word limit
    for assessments. This is because the purpose of the GDLP program is to facilitate a student’s transition from undergraduate academic law studies to the legal professional employment environment through the demonstration and practice of
    professionally-based skills and competencies.

    All assessments are competency based (non-graded pass). Competence must be demonstrated in all assessment tasks and activities. MyUni requires a numerical value to display, noting that competency has been demonstrated.

    1=competency has been demonstrated (non-graded
    pass).

    0=competency has not yet been achieved.

    Submission


    Students
    must retain a copy of all assignments submitted.

    All
    assignments in this course are to be submitted electronically through Turnitin.
    Submissions to Turnitin are to be in Microsoft Word format or pdf.

    Students
    work will be marked in accordance with the marking rubric.

    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    GS8 (Coursework Grade Scheme)
    Grade Description
    CN Continuing
    FNS Fail No Submission
    NFE No Formal Examination
    F Fail
    NGP Non Graded Pass
    P Pass
    C Credit
    D Distinction
    HD High Distinction
    RP Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Approval of Results by Board of Examiners
    Students are reminded that all assessment results are subject to approval (and possible  moderation/change) by the Law School’s Board of Examiners. Assessment  results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is  required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Acess Adelaide at the end of each semester.

    Finality of Assessment Grades

    Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework
    Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the  appropriate channels for academic review (such as an official re-mark).

     
    Moderation

    In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

     
    *assurance of the qualifications of markers, and their knowledge of the content covered in each course;
    *detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
    *sharing of example marked assessments at various grade bands across markers;
    *reviewing of selected marked assessments from each marker by the course coordinator;
    *comparison of the marks and their distribution across markers;
    *automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
    *the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.


    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    Lex Salus Program
    Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

    Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

    Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

    Student Life Counselling Support
    The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Academic Honesty
    Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

    Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.