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AI Overview

"Everett and McCracken's Banking and Financial Institutions Law" is a comprehensive legal textbook that has been a cornerstone in the field of banking and financial law for over three decades. Here is a detailed overview of the book, including its key themes, plot summary, and critical reception:

Key Themes

  1. Regulatory Framework:

    • The book begins with a detailed examination of the regulatory framework governing the Australian financial sector. This includes a discussion on the diversity of regulators and the multiplicity of regulatory regimes.

  2. Financing Transactions:

    • It advances a general framework for analyzing financing transactions, focusing on contractual and property law concepts. The text delves into the complexities arising from the role of financial institutions and the intricate nature of their business and financial assets.

  3. Payment Instruments and Security:

    • The book provides a close analysis of the operation of payment instruments and modes of taking security. It explores various financing structures such as syndication, securitization, and subordination.

  4. Statutory Concepts and Case Law:

    • The 9th edition includes new analysis on statutory concepts of unconscionability and unfair contract terms, particularly in the context of recent bank fee litigation. It also covers consumer credit legislation and the growing body of case law under the Personal Property Securities Act 2009 (Cth).

  5. International and Domestic Focus:

    • The book addresses the current international and domestic focus on enhancing the resilience of key financial market infrastructure for central counterparties, securities settlement systems, and payment systems.

Plot Summary

The book is structured to provide a comprehensive legal analysis of the Australian financial sector. It begins with an overview of the regulatory framework, which sets the stage for the subsequent discussions on financing transactions, payment instruments, and security. The text then delves into specific legal concepts and principles that are crucial for understanding banking and financial institutions law. The 9th edition has been updated to reflect changes introduced by legislation, market rules, and case law since the last edition in 2013.

Critical Reception

While specific reviews of the 9th edition are not provided in the sources, the book has been well-received in previous editions for its comprehensive coverage and detailed analysis of banking and financial law. The book's reputation as a trusted resource in the field is evident from its long-standing presence and continuous updates to reflect evolving legal developments.

Edition Details

  • Authors: Sheelagh McCracken, Joanna Bird, John Stumbles, Greg Tolhurst
  • Edition: 9th Edition
  • Publisher: Thomson Reuters Australia
  • Publication Date: Updated to reflect changes since 2013, but exact date not specified.

Study Tools and Availability

The 9th edition is available in various formats, including an eBook, which offers built-in study tools like highlights and read-aloud functionality. It can be accessed offline and includes a global search feature across book content, figures, and workbooks.

In summary, "Everett and McCracken's Banking and Financial Institutions Law" is a seminal work in the field of banking and financial law, providing a detailed and comprehensive analysis of the legal concepts and principles governing the sector. Its critical reception is positive, reflecting its long-standing reputation as a trusted resource for legal professionals and students alike.