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Law of Banking - LAWS3133

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Undergraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 3

Enrolment Requirements:

Pre-requisite: Crime & Criminal Process (LAWS1021/JURD7121) & Criminal Laws (LAWS1022/JURD7122) OR Crim. Law 1 (LAWS1001/JURD7101) & Crim. Law 2 (LAWS1011/JURD7111). Co-requisite: Litigation 1 [LAWS2311/ JURD7211] OR Res. Civil Disp. (LAWS2371/JURD7271)

Excluded: JURD7333

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

The Law of Banking provides an introduction to relevant legal principles and to aspects of the practice of banking. The course is concerned directly with the relationship between banker and customer and with contemporary transactional techniques.

This course will address bills of exchange, as a foundational financial instrument, but not cheques which are declining in importance. It also addresses contemporary banking instruments and transactions, such as bonds, syndicated lending, derivatives, and asset securitisation.

Recommended Prior Knowledge

No expertise is required beyond that in compulsory law subjects. Contracts and Torts will be found to be of particular relevance.

Course Objectives

The objectives of the course are to acquaint students with the rationale for banking law, give them an understanding of key statutory provisions and case law and provide practical understanding of banking law and policy.

Students will be required to develop sufficient working understanding of banking law to be able to advise in the resolution of problems and the planning of strategies.

Main Topics

The Australian Banking System, Prudential Supervision and Capital Adequacy
The Constitutional Basis of Federal Banking Regulation
Types of Lending
The Concept of Security and Common Forms of Security: Pledge, Lien, Legal Mortgage, and Equitable Charge
Bills of Exchange
Banker-Customer Duties
Syndicated Loans, with a focus on the role of the Agent Bank
Asset securitisation
Derivatives
Letter of Credit Law: documentary and standby credits and the Uniform Customs & Practice for Documentary Credits, and the fraud rule in documentary and standby credits

Assessment

Class Participation - 10%

Presentation or Research Essay - 40%

Final Take Home Examination - 50%

Course Texts

McCracken & Everett, Banking and Financial Institutions Law, 7th edn, Thomson, 2009

Recommended
Refer to Course Outline provided by lecturer.

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