Everett and McCracken's banking and financial institutions law / by Sheelagh McCracken, Greg Tolhurst, Ann Wardrop.

Pyrmont, N.S.W. : Lawbook Co, 2026.

10th edition

203387

Banking law -- Australia.

Financial institutions -- Law and legislation -- Australia.

Part 1: The regulatory framework

1. Regulators

2. Finance sector regulation: products and services; consumer credit protection; digitalisation

3. Financial stability regulation

4. Financial stability and payment systems regulation

5. Sustainable finance regulation

Part 2: A transactional framework

6. Economic foundations of money and banking

7. Dealings between financial institutions and their clients

8. Dealings with financial assets

9. Allocation of risk

Part 3: Payment instruments

10. Bills of exchange

11. Promissory notes

12. Letters of credit and performance guarantees

Part 4: Taking security

13. Capacity and authority to borrow and to grant security

14. Security within the scope of the Personal Property Securities Act 2009 (Cth)

15. Security under general law

16. Financial distress or insolvency of borrowers

Part 5: Structuring financing transactions

17. Structuring loan syndications and participations

18. Structuring securitisation

19. Structuring subordinations.

This 10th edition of Everett & McCracken’s Banking and Financial Institutions Law follows its predecessors in providing a comprehensive legal analysis of the Australian financial sector. For almost 40 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 finance transactions. The structure of the book remains familiar. The text opens in Part 1 with a detailed examination of the regulatory framework, which continues to be marked by a diversity of regulators and a multiplicity of regulatory regimes. In Part 2, the text advances a general framework for analysing financing transactions. As in recent editions, it builds in this Part on contractual and property law concepts. It focuses 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. Part 3 then moves to an analysis of the operation of payment instruments. Part 4 examines the various modes of taking security, together with methods of enforcing security on a debtor’s insolvency. Part 5 concludes by analysing common financing structures such as syndication, securitisation and subordination. The text has been closely reviewed and fully updated to reflect changes introduced by legislation and case law since the publication of the last edition in 2017. In particular, the text: expands the treatment of the regulatory framework in Part 1. It takes into account changes to regulators’ mandates and practices and to finance sector regulation generally. Several chapters now cover new material on financial stability regulation; payments system regulation, sustainable finance regulation and the digitalisation of finance; extends analysis in Part 4 of the impact of financial distress and insolvency of debtors, in the wake of recent law reform. It provides new sections on provisional liquidation and the small business restructuring process. It further develops discussion on receivers and liquidators, as well as on the nature and effect of voluntary administration and deeds of company arrangement; and introduces into Part 2 a discussion of economic foundations of money and banking. It explores fundamental questions on the nature of money and monetary structures and considers their impact on legal interpretation, covering classic banking law doctrines as well as modern cryptocurrencies. - Publisher's website.

Previous edition: 2017.

Includes bibliographical references and index.

9780455247465

lxxiv, 938 pages ; 25 cm