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LAW3404 Financial Service Law

Semester 2, 2022 Online
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

Staffing

Examiner:

Requisites

Pre-requisite: LAW1101 or LAW1500 or ((LAW2201 or LAW1113 or LAW5601 or LAW5113) and (LAW2202 or LAW1123 or LAW5602 or LAW5123) and (LAW2203 or LAW1113 or LAW5603 or LAW5113) and (LAW2204 or LAW1124 or LAW5604 or LAW5124))

Overview

The course builds on the knowledge you gained from the study of the pre-requisite courses. You will now develop students' understanding of the world of banking, finance and insurance. This course will equip students with an understanding of the legal framework of these vital sectors of the Australian economy.

The course provides a general introduction to many aspects of banking, finance and insurance law. Students will broadly examine the law relating to the governance of the banking industry, the banker/customer relationship, electronic banking, negotiable instruments, securities, securitisation and various insurance law features. The course is designed to engage students in the contemporary legal context. As such, the course will analyse the causes of, and the regulatory and governmental responses to, the global financial crisis as well as considering recently introduced consumer protection measures including the National Credit Consumer Protection Act 2009 and the unfair contract terms regime.

Course learning outcomes

On successful completion of this course, students should be able to:

  1. provide an overview and identify key parts of the current regulatory regime for banks and other financial institutions in Australia;
  2. identify key areas of the banker and customer relationship;
  3. understand the impact of the legislative and common law framework on the consumer banking environment including the National Credit Code, the Corporations Act 2001, the Privacy Act 1988, the ASIC Act 2001, the unfair contract terms legislation and 鈥渇air fees鈥 litigation;
  4. understand the law regulating payment systems, including bills of exchanges, cheques, other negotiable instruments and electronic payment systems;
  5. examine the various methods used by financial institutions and other financiers to secure lending contracts (such as mortgages and guarantees);
  6. identify and explain concepts such as fundraising requirements under the Corporations Act 2001, ASX listing rules, securitisation and Islamic finance;
  7. understand, explain and apply the basic principles of insurance law;
  8. understand the legislation that regulates insurance, in particular the Insurance Contracts Act 1984;
  9. apply logical argument, in written or oral form, to hypothetical factual circumstances and their associated legal problems that arise in modern banking, finance and insurance law;
  10. develop the capacity to place banking, finance and insurance law in the wider global commercial perspective.

Topics

Description Weighting(%)
1. Introduction to banking, finance and the GFC 8.30
2. Banking governance 8.30
3. The banker and customer relationship 8.30
4. The National Consumer Credit Protection Act 2009 8.30
5. Consumer banking I 8.30
6. Consumer banking II 8.30
7. Consumer banking III 8.30
8. Security in banking 8.30
9. Payment systems 8.30
10. General finance law concepts 8.30
11. Insurance I 8.30
12. Insurance II 8.30

Text and materials required to be purchased or accessed

McCracken, S, Bird, J, Stumbles, J & Tolhurst, G 2013, Everett and McCracken鈥檚 banking and financial institutions law, 8th edn, Thomson Reuters, Pyrmont, New South Wales.

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Approach Type Description Group
Assessment
Weighting (%) Course learning outcomes
Assignments Written Quiz No 20 1,2,3,4
Assignments Written Problem Solving No 30 5,6,7,8,9,10
Examinations Non-invigilated Time limited online examinatn No 50 5,6,7,8,9,10
Date printed 10 February 2023