Everett and McCracken's Banking & Financial Institutions Law

Everett & McCracken’s Banking and Financial Institutions Law 9th Edition follows the earlier editions in providing a comprehensive legal analysis of the Australian financial sector. Over the past 30 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.

The text 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 9th edition has been closely reviewed and fully updated to reflect changes introduced by legislation, market rules and case law since publication of the last edition in 2013. It includes in particular new analysis exploring:

• the finance sector’s regulatory framework in the wake of the Report of the Financial System Inquiry in 2014;
• the current international and domestic focus on enhancing resilience of key financial market infrastructure for central counterparties, securities settlement systems and payment systems;
• the operation of the statutory concepts of unconscionability and unfair contract terms (notably in the context of the recent bank fee litigation) as well as consumer credit legislation more generally;
• the growing body of case law under the Personal Property Securities Act 2009 (Cth).