Postgraduate - UnitLAW7442 - Banking law

This unit entry is for students who completed this unit in 2014 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.

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6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered, or view unit timetables.

Level	Postgraduate
Faculty	Faculty of Law
Offered	City (Melbourne) Term 1 2014 (On-campus block of classes)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

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

Outcomes

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.

Assessment

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

Chief examiner(s)

Mr Rhys Bollen Personal ProfilePersonal Profile (http://www.law.monash.edu/staff/postgraduate/sess-rbollen.html)

Workload requirements

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