Banking and Finance Law is an elective course and an optional practice area within the 'admission to practice' component of the Graduate Diploma of Legal Practice (GDLP).

This course is designed both for students who anticipate performing Banking and Finance work as an Australian legal practitioner and also for students seeking to extend their commercial legal knowledge, skills and values as prescribed for entry-level lawyers in Australia. Banking and Finance Law is especially valuable for transactional lawyering, as well as for the dispute resolution aspect of litigation lawyering. It is also relevant to community legal service and consumer advisory.

Within the GDLP (admissions), this course complements the:

• Commercial Practice component of the compulsory Professional Practice Core (PPC) course; and
• Consumer Law Practice elective/optional practice area.

By the end of this course, students should be able to demonstrate competence in: advising clients on some of the common ways to finance commercial transactions; drafting loan agreements and associated security documents, and taking the actions required to perfect those securities and ensure enforceability.

The course will equip participants with the capacity to apply an advanced body of legal knowledge and principles in a range of contexts for professional practice in banking and finance.

 

 

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Identify and contextualise complex materials and through an examination and critical analysis of information, including legislative and regulatory requirements, provide appropriate practical solutions for clients of banking and finance law;
2. Synthesise and explain complex theoretical knowledge of legal and ethical principles, issues, implications and risks, and the context and methods applicable in conducting, and responding to, banking and finance transactions and communicate that information to specialist and non-specialist audiences;
3. Apply cognitive skills to contextualise information and advise a range of clients on legal aspects of banking and finance transactions relevant to: a. investigating client requirements and financing options; b. planning financing transactions; c. documenting loans and securities; d. effectively communicating benefits, risks and implications to clients; e. pursuing due diligence; and f. finalising banking and finance transactions, ensuring enforceability and best practice.
4. Demonstrate technical legal and analytical competence, drafting and communication skills to draft and/or advise on banking and finance transactions documentation;
5. Research and evaluate appropriate methodologies, technical, legal and practical knowledge to develop solutions-focused strategies for a complex set of facts and circumstances and interpret that information in advising a range of clients.

Required Resources

It is crucial that you read all the materials which are available on the Banking and Finance Law Wattle site.

You are expected to carry out independent research during the course to complete the assessments (as you will do in practice). You can pursue much of the independent research online.

E-Legal Subscription Research Resources, such as CCH Intelliconnect, Legal Online (formerly Lawbook online) and Lexis Nexis AU, which are widely used in legal practice, are also available through the ANU Library homepage. To access these resources, off-site, you will need to use the following URL http://virtual.anu.edu.au and then type in your “u” number and your password. Also see http://anulib.anu.edu.au/subjects/law.

Staff Feedback

You will be given written and/or oral feedback pointing out things that have been done well and those that could be done better or differently. You will be given written or oral feedback following any submission of an assessment. This is typically available 1-2 weeks after submission of the assessment. You may seek further elaboration on any feedback - either from your marker or by the convenor. If you feel that your feedback and grade does not reflect your performance, please contact the convenor in writing and outline your concerns.

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

Competency Standards

The GDLP draws together the compulsory skills, practice areas and values from the Law Admissions Consultative Committee (LACC) Competency Standards for Entry-Level Lawyers. The LACC competencies set out the standards that you must achieve during your professional legal training (PLT) to be eligible for admission to practice.

You can find the PLT Competency Standards for Entry-level lawyers at https://www.lawcouncil.asn.au/files/web-pdf/LACC%20docs/224336988_10_LACC%20-%20PLT.pdf.

External Resources

Information about the ANU Law Library, including details of E-Legal research online resources (for example, CCH Intelliconnect, Legal Online, LexisNexisAU, etc) is available to ANU students and can be found at http://anulib.anu.edu.au/subjects/law. For access to the online resources please go to: http://virtual.anu.edu.au then type in your student number and password.

At various points throughout the course you will be directed to other useful external resources.

Requesting an Extension

If you think other circumstances justify an extension you should discuss your circumstances with your Convenor, before the due date. Whether or not an extension will be granted remains in the discretion of the Convenor. Convenors will not usually grant extensions if the reason for your inability to complete work on time is due to a commitment that you knew you had at the start of the course. Alternatively, an extension is likely to be granted if an issue / commitment arises during the course that you could not have predicted.

In some circumstances (illness, injury, family crisis etc.) an extension will be granted as a matter of course. The Convenor may ask you to provide documentation – e.g. a medical certificate. 

Retrospective extensions will be granted only in exceptional circumstances. Convenors recognise that circumstances can arise when it is impossible or impracticable for a student to request an extension prior to the submission date.

Convenors may notify the Sub-Dean when responding to your extension request. The Sub-Dean may contact you with regard to your extensions request(s) if they identify that you may benefit from additional and/or coordinated support due to your circumstances.

Word Limits

As the assessment in the GDLP Program is authentic to legal practice, we do not impose word limits. However, you will often be given a word ‘recommendation’ to guide you, taking into account the purpose of the document and the length it is likely to be in practice.

 

Sub-Dean, GDLP/MLP

The GDLP/MLP Sub-Dean, can be contacted via email on subdean.slp@anu.edu.au

Wellbeing Support Services for Lawyers

You will find an abundance of wellbeing support information for lawyers on the ANU School of Legal Practice website.

We also encourage you to read Being Well in the Law – a guide for lawyers which is a toolkit is provided by the NSW Law Society, written by our ANU Academics.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Familiarise yourself with course content. Review and work through course resources. Identify areas requiring further research for Assessment Task 1. Start working on Assessment Task 1.
2	Continue reading through course resources and work on Assessment Task 1.
3	Finalise and submit Assessment Task 1.	Assessment Task 1 due: Friday, 21 May 2021 11.55pm (AEST)
4	Identify areas requiring further research for Assessment Task 2. Start working on Assessment Task 2.
5	Continue work on Assessment Task 2.
6	Finalise and submit Assessment Task 2.	Assessment Task 2 due: Friday, 11 June 2021 11.55pm (AEST)

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Draft Advice to Client	0 %	21/05/2021	04/06/2021	1, 2, 3, 4, 5
Draft advice to client including a draft loan agreement and securities deed	0 %	11/06/2020	25/06/2021	1, 2, 3, 4, 5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

You have elected to enrol in an intensive practice course – give it your full commitment by keeping up to date, being informed and actively participating in the course.

Check Wattle announcements and forum discussions as well as your ANU email at least every 24-48 hours. Alternatively, set your personal setting to provide you with all the reminders you need to achieve this. At the end of the day, it is your responsibility to ensure you are actively committed and involved in this course.

All email correspondence from the ANU will be sent to your ANU email address.

You may arrange for your ANU Email to be forwarded to an email address you check daily.

The course will be conducted in the following time zones (Canberra time). 

• Australian Eastern Standard Time (AEST): until 3 October 2021.

Please make appropriate adjustments if you are located in a different time zone.

Assessment Task 1

Draft Advice to Client

Is a role-playing exercise which requires students, to take on the part of a lawyer for the purpose of representing a client, (a private client, not a bank), and to provide written advice in response to instructions received.

Assessment Due Date: Friday, 21 May 2021 11.55pm (AEST)

Please refer to the Important Class Information in Wattle for further information and grades in this course.

Assessment Task 2

Draft advice to client including a draft loan agreement and securities deed

Requires students to draft an internal memo of advice to their supervising partner, which incorporates a draft loan agreement and advice regarding security.

Assessment Due Date: Friday, 11 June 2021 11.55pm (AEST)

Please refer to the Important Class Information in Wattle for further information and grades in this course.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

Please ensure that you keep a copy of all the work you submit.

The submission requirements specific to each task will be set out on the course Wattle site by the Convenor.

Generally, you will submit written assessments through the course Wattle site in the appropriate submission box under the heading “Assessments”. You must complete the electronic academic integrity certification. Ensure you confirm your submission has been properly submitted (click “send for marking”), and not merely uploaded as a draft file.

You will complete oral assessments through the web-conference platform provided on the course Wattle site (Adobe Connect) or through Skype under extenuating circumstances. Oral assessments will be recorded and webcam will be required for student verification only. You must have your student card, driver’s licence or other form of photo identification available to show your assessor. You can then turn your camera off.

Hardcopy Submission

No hard copy submission will be accepted in this class.

Late Submission

If you submit an assessment late, without receiving an approved extension from the Convenor, the following penalties will apply: 

1. You will not be able to achieve a Higher Level Performance (HLP) grade for the assessment in question.
2. If your assessment is graded as Not Yet Competent (NYC) you will not be offered the opportunity to resubmit the assessment, or to submit a supplementary assessment.
3. Assessments submitted more than 72 hours after the due date will be automatically graded NYC.

The Convenor has overriding discretion to accept an assessment and/or to allow a student to resubmit an assessment, or to submit a supplementary assessment.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Returning Assignments

Your written work will receive feedback and grading via the course Wattle site under the corresponding assessment drop box. Assessment results are typically available between 1-2 weeks after the due date via the same dropbox your assessments were submitted to. The Convenor will post announcements about when you can expect your assessment results.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

• Students who make a bona fide attempt at assessable work and who submit it on time (or are granted an extension), and who receive a Not Yet Competent (NYC) grade for the assessment item, will be offered additional assessment.
• Additional assessment is EITHER one opportunity to resubmit the assessment, OR one opportunity to submit a supplementary assessment. The Convenor has the discretion to decide which form of additional assessment to utilise.
• Both the opportunity to resubmit work that has been graded NYC, or to submit a supplementary assessment, are considered to be supplementary assessment in the course. 
• No further supplementary assessment will be offered once a student receives an N (fail) grade as a final result for the course.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students