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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:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Excluded: LAWS3133

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 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