LAW4104 · Australian banking law

Overview

The banking and finance sectors in Australia play an essential role in society. This industry continues to evolve and adapt to technological disruption, product innovation, and the increasing globalisation of banking and finance. The system is facing increasing scrutiny from policy makers, regulators and consumers following a series of crises and scandals. In this unit you will review and consider key areas of Australian banking and finance law and regulation including areas of ongoing legal policy reform. At its core, you will explore the function of money in society, the role of banks, and how we can effectively regulate finance.

Offerings

Assessment

The Handbook does not list a final examination among the assessment items. That is not a guarantee there is none.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

Learning outcomes

1. Demonstrate understanding of the operation of the Australian banking and finance system, including their governance, and compare the development and implementation of banking law in peer jurisdictions.
2. Critically analyse the legal relationship that exists between customers and their banks, including the duties owed by each to the other.
3. Demonstrate understanding of the financial industry complaint system, its role in the mediation of banker-customer disputes and its interaction with the broader legal and regulatory system.
4. Explore key functions of the banking and finance system, such as accounts, operation of negotiable instruments, lending, the payment system and financial services.
5. Identify, evaluate and convincingly articulate emerging trends in bankers' liability especially the impact of consumer protection laws and laws that seek to empower consumers.
6. Synthesise information from a broad range of sources and apply this to the identification and analysis of legal issues respecting the lending practices of banks.
7. Collaborate effectively in order to research, analyse, draft and present on topics related to banking law.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Student experience, not official rules. Nothing here changes what the Handbook says.