This course aims to promote and develop a specialised understanding of the fundamental concepts of consumer credit and bankruptcy law in Australia. It has a particular focus on the national credit laws which impose certain mandatory obligations on lenders that ultimately provide consumers an enhanced level of protection in all matters involving the provision of credit. The course also explores the formal options open to persons who are dealing with unmanageable debts and provides students the opportunity to prepare for and conduct a bankruptcy hearing.
Not currently offered.
On successful completion of the course students will be able to:
1. Demonstrate advanced and integrated knowledge and understanding of the protections the law affords to consumers who acquire credit products.
2. Identify and articulate complex legal issues and provide competent ethical advice to clients regarding their rights associated with the provision of credit products.
3. Identify and reflect critically upon on the role of the Financial Ombudsman¿s Service (FOS) and the Credit Ombudsman¿s Service Limited (COSL).
4. Demonstrate drafting and advocacy skills in order to exercise autonomy, expert judgment, adaptability and responsibility in the role of a practitioner and learner.
5. Identify and articulate complex legal issues to legal and non-legal audiences on issues surrounding personal insolvency law.
6. Recognise, reflect upon and respond to ethical issues that may arise in credit and bankruptcy law.
Topics in this course include:
- The National Consumer Credit Protection Act (2009) Cth & Accompanying Rules and Regulations
- Responsible Lending & Disclosure
- Mortgages, Guarantors & Co-Borrowers
- Unjustness & Financial Hardship
- The Role of the Australian Securities & Investment Commission
- Enforcement, Repossession & Debt Collection
- External Dispute Resolution
- Going Bankrupt
- The Consequences of Bankruptcy
- The Administration of Bankruptcy
- Offences under the Bankruptcy Act
- Alternatives to Bankruptcy
This course is only available to students enrolled in the Juris Doctor/ Graduate Diploma in Legal Practice program.
LAWS6001, LAWS6002A, LAWS6002B, LAWS6003A, LAWS6003B, LAWS6004A, LAWS6004B, LAWS6005.
Written Assignment: Drafting Bankruptcy Documents
Written Assignment: Written advice to Client
Role Play: Experience Based Learning - Bankruptcy Hearing