Faculty of Law

Monash University

Postgraduate - Unit

This unit entry is for students who completed this unit in 2013 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

To find units available for enrolment in the current year, you must make sure you use the indexes and browse unit tool in the current edition of the Handbook.

FacultyFaculty of Law
OfferedCity (Melbourne) Term 1 2013 (Day)



This unit provides an overview of the key relevant legal principles and practice of banking. It primarily addresses the regulation of banks and other deposit-taking institutions and their relationship with their customers. It covers law, policy and regulation of banking, lending and payments services. It will be taught on a comparative basis, looking at how these institutions are regulated in Australia and comparing this to the position in key banking centres overseas (in particular US, EU and UK positions)

Main topics are:

  • What is banking?
  • Theoretical basis for regulation and supervision of banking
  • History of and constitutional basis for Australian regulation
  • Prudential supervision of banks
  • Licensing of banks and other financial services firms
  • Comparative banking regulation (focusing on the position in the US, UK and EU)
  • Systemic issues and crisis management
  • Practical and legal risks posed by payment systems,
  • Australian payment system regulation
  • Current policy issues with banking and payment systems
  • Banker/customer relationship (including confidentiality)
  • Law and policy issues with lending and security
  • Regulation of credit and credit providers


To give students a broad understanding of Australian banking law. Students will develop sufficient working understanding of the areas of law to which they are introduced to be able to advise in the resolution of problems, planning of strategies and provide an informed opinion and argument on the key current policy debates in this area.


Class participation - oral and written presentation (1,500 words): 20%
Research assignment (6,000 words): 80%

Chief examiner(s)

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).