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Everett & McCracken’s Banking and Financial Institutions Law 8th Edition follows the earlier editions in providing a comprehensive legal analysis of the Australian financial sector. Over the past twenty-five years this work has chronicled the legal development of the sector, offering broad coverage of the legal concepts and principles which typically arise in banking and financing transactions.
This edition opens with a detailed examination of the regulatory framework, which is marked by a diversity of regulators and a multiplicity of regulatory regimes. It then advances a general framework for analysing financing transactions, building on contractual and property law concepts and focusing on complexities arising from the role of financial institutions and the intricate and specialised nature of their business and the financial assets with which they deal. This discussion is followed by a close analysis of the operation of payment instruments as well as modes of taking security. It concludes by considering common financing structures such as syndication, securitisation and subordination.
This edition introduces new chapters devoted to the recently implemented federal personal property securities regime and to the allocation of risk between financial institutions and their clients. It also reworks and significantly extends chapters on regulators and regulation. All other chapters have been reviewed and updated. Part Overviews, which seek to place the legal analysis in context and to enable the principal legal issues to be readily grasped, have also been updated throughout.