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LAW7220

Current issues in banking and finance law (6 points)

(LAW)

Leader: Dr Vicki Priskich

Offered:
City Second semester 2005 (On-campus)

Synopsis:

Objectives: Upon completion of this subject students should (a) have a general understanding of the various regulatory systems in place within the Australian banking and finance industry including both government regulation and industry self regulation; (b) have a detailed understanding of particular issues of current interest arising from the regulation of the banking and finance industry; (c) have a general understanding of the legal basis of the banker-customer relationship and of the kinds of transactions usually contemplated within that relationship; (d) have a general understanding of the kinds of transactions engaged in by banking and financial institutions which do not necessarily fall within the ambit of the traditional banker-customer relationship; (e) have a detailed understanding of specific contractual, tortious, statutory and equitable responsibilities which may confront a bank or financial institution in the course of banking and associated activities; (f) have examined in detail a number of current legal issues that may arise in relation to standard lending transactions, particularly those which may impose "indirect" or "unforeseen" risks on banks and financial institutions; (g) have developed skills of evaluation of common law and statutory principles to ascertain their potential impact on standard banking and finance transactions; (h) be able to understand, evaluate and apply legal and policy arguments in favour of reform of certain areas of law and practice insofar as they might impact on the banking and finance industry; (i) have further developed legal research and writing and legal argument skills by undertaking systematic research into law and practice relating to the areas outlined in items (a) to (h) above; (j) have developed analytical and problem-solving skills in relation to problems involving the areas outlined in items (a) to (h) above; and, (k) have developed skills of oral presentation in an interactive seminar context.

Assessment: Supervised examination (1.5 hours): 50% + Research paper (3000 words): 40% + Class presentation/ participation: 10%

Contact Hours: One 2-hour seminar per week


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