Consumer Credit and Personal Insolvency Law Clinic

10 Units

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.

Faculty Faculty of Business and Law
School Newcastle Law School

Not currently offered

Learning Outcomes

On successful completion of this 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:

  1. The National Consumer Credit Protection Act (2009) Cth & Accompanying Rules and Regulations
  2. Responsible Lending & Disclosure
  3. Mortgages, Guarantors & Co-Borrowers
  4. Unjustness & Financial Hardship
  5. The Role of the Australian Securities & Investment Commission
  6. Enforcement, Repossession & Debt Collection
  7. External Dispute Resolution
  8. Going Bankrupt
  9. The Consequences of Bankruptcy
  10. The Administration of Bankruptcy
  11. Offences under the Bankruptcy Act
  12. Alternatives to Bankruptcy
  • This course is only available to students enrolled in the Juris Doctor/ Graduate Diploma in Legal Practice program.
Assumed Knowledge LAWS6001, LAWS6002A, LAWS6002B, LAWS6003A, LAWS6003B, LAWS6004A, LAWS6004B, LAWS6005.
Assessment Items
  • Written Assignment: Drafting Bankruptcy Documents
  • Written Assignment: Written advice to Client
  • Role Play: Experience Based Learning - Bankruptcy Hearing
Contact Hours
  • Seminar: for 1 hour(s) per Week for Full Term (Plus attendance at the clinic and at court as required over the term.)
Timetable 2018 Course Timetables for LAWS6027
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