LAW4104

Australian banking law 406

(LAW)

Associate Professor W Weerasooria

6 points + Three 1-hour lectures per week + First semester + Clayton + Prerequisite: LAW2100

Synopsis: Deregulation of the financial system and statute law relating to banks and other financial institutions. The payments system, electronic banking and the law governing negotiable instruments and cheques. Legal definitions of 'banker' and 'customer', the relationship between the parties and their super-added obligations and reciprocal duties. Bank's duty of secrecy, right to combine accounts, the lien, bank opinions, garnishee orders and Mareva injunctions and how the banker-customer relationship is terminated. Bank lending and securities. Branch banking and law governing bank staff.

Assessment: Written assignment (3000-4000) words: 25% + Final examination (3 hours plus 30 minutes reading and noting time): 75%