Not currently offered

Credit points: 15

Subject outline

Commercial actors from other jurisdictions (for example, the USA) often acquire and develop assets in Australia and New Zealand. Public listing in either of these two jurisdictions is one exit mechanism for these commercial actors. In all cases, however, proper structuring of the commercial transaction is important. This subject comprises: a review of the principal areas of required legal knowledge (tax, trusts and companies); the present position of the former British enclaves in the Southern Hemisphere for transaction planning purposes; the substantive law in Australia and New Zealand (including the mutual recognition of securities offerings regime), transaction planning, and, the architecture of a public listing. The take-home examination for this subject will comprise a set of legal memorandums advising on stages of a cross-border commercial transaction culminating in public listing.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorSara Smyth

Available to Study Abroad StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsYes

Subject particulars

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Incompatible subjectsN/A

Equivalent subjectsN/A

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Resource TypeTitleResource RequirementAuthor and YearPublisher
Discipline SpecificCurrent Issues in Transnational PracticePrescribedVariousVarious

Graduate capabilities & intended learning outcomes

01. Identify the legal aspects of cross-border listing, including corporate governance issues, disclosure requirements, risk management and the separation between ownership and management.

Lectures, , concept presentations and seminars demonstrating the legal consequences of listing in different capital markets, utilization of case studies to illustrate the necessity for due diligence and risk management.

02. Explain and critique case-based and statutory principles relating to tax, trusts and companies so far as they impact on cross border listing..

Frameworks for doctrines explained and illustrated in lectures, individual student reading of cases and texts provided in the Course Materials and in-class discussions.

03. High-level capacity to identify and resolve legal issues relating to cross-border commercial transactions and public listing

Argument development and evaluation modelled through case-study examples in lectures and concept presentations. Individual student reading of cases and textbooks and in- class discussions to clarify and evaluate applications. Take home examination.

04. Developed capacity to compose legal memoranda advising on stages of a cross-border commercial transaction culminating in public listing.

Modelled through analysis of written cases, discussion in class and student responses in the examination.

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