Banking and Finance Law
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Upon completion of this subject, students will be able to:
- demonstrate a broad and coherent understanding of the nature and scope of financial services regulatory reform, financial payment systems and financial product regulation;
- demonstrate a broad and coherent understanding of the legal basis of dealings between bank and customer and the law governing dealings with cheques and parties' liability, role of banks with traditional legal forms of debt finance, bills of exchange and letters of credit;
- use cognitive and legal skills to exercise critical thinking and judgement in demonstrating an understanding of the legal methods of issuing financial securities (shares, debentures and bonds) and the nature of advantages of asset securitisation;
- use initiative and judgement to critically analyse, synthesise and consolidate Banking and Finance Law, providing persuasive legal arguments and solutions to fact-based problems; and
- demonstrate cognitive and legal skills, initiative, professional judgement to produce clear and coherent written communications on legal issues relating to the legal methods of both taking and enforcing a secured interest under personal property security laws in Australia and other common law jurisdictions.
- Topics will be available to enrolled students in the subjects Learning Management System site approximately one week prior to the commencement of the teaching period.
You must either have successfully completed the following subject(s) before starting this subject, or currently be enrolled in the following subject(s) in a prior study period; or enrol in the following subject(s) to study prior to this subject:
UNE-LAW100-Foundations of Law and UNE-LAW131-Torts Law and UNE-LAW101-Law in Context and UNE-LAW172-Contract Law, or UNE-LAW272-Law of Contract II and UNE-LAW351-Corporations Law and UNE-LAW162-Criminal Law, or UNE-LAW312-Criminal and Civil Procedure ;
Please note that your enrolment in this subject is conditional on successful completion of these prerequisite subject(s). If you study the prerequisite subject(s) in the study period immediately prior to studying this subject, your result for the prerequisite subject(s) will not be finalised prior to the close of enrolment. In this situation, should you not complete your prerequisite subject(s) successfully you should not continue with your enrolment in this subject. If you are currently enrolled in the prerequisite subject(s) and believe you may not complete these all successfully, it is your responsibility to reschedule your study of this subject to give you time to re-attempt the prerequisite subject(s)
Candidature in Bachelor of Laws (4 Years). To enrol in this subject you will need to pass the Prerequisite/s. Please note as UNE results are released after the close of enrolment date, your enrolment into this subject will be withdrawn if you do not pass the prerequisite subject/s.
- EquipmentDetails - Headphones or speakers (required to listen to lectures and other media) Headset, including microphone (highly recommended) Webcam (may be required for participation in virtual classrooms and/or media presentations).
- SoftwareDetails - It is essential for students to have reliable internet access in order to participate in and complete your units, regardless of whether they contain an on campus attendance or intensive school component. For additional information please visit UNE Hardware Requirements: https://www.une.edu.au/current-students/support/it-services/hardware
- OtherDetails -
Textbook information is not available until approximately 8 weeks prior to the commencement of the Teaching period.
Students are expected to purchase prescribed material.
Textbook requirements may vary from one teaching period to the next.
This subject deals with the rapidly changing area of banking and finance law in Australia. It begins with a critical analysis of the regulatory framework for the financial system and the role of deregulation and supervision of Australian financial institutions. It will then critically examine the regulation of financial products and services; the functions of various financial payment systems; the legal basis of dealings between financial institutions and their customer; laws governing bank cheques; the regulation of capital finance through fundraising and securitisation; legal aspects of bills of exchange & letters of credit; taking security at common law; personal property security reform; and remedies and enforcement of security interests.
Assignment 1 - Written Assessment: 2000 words. Relates to Learning Outcomes 1-5 Take Home Exam: 3000 words. Relates to Learning Outcomes 1-5
- Assignment 1 (40%)
- Take Home Exam (60%)