Law of Banking - JURD7333

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 3
 
 
Enrolment Requirements:
 
 
48 UOC completed in Juris Doctor Program (9150)
 
 
Excluded: LAWS3133
 
 
CSS Contribution Charge:Band 3 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

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 relation of 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 competition law, and give them an understanding of key statutory provisions and case law to 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
  • High Finance

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.