LAW5394 - Banking law - 2017

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). Key topics to be covered will include an overview of banking, the theoretical basis for regulation and supervision of banking, the 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, and regulation of credit and credit providers.

On completion of this unit students will be able to:

• Apply knowledge and understanding of recent developments in relation to banking law with creativity and initiative to new situations in professional practice;
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to banking law;
• Conduct research in banking law based on knowledge of appropriate research principles and methods; and
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to banking law.

Class participation - oral and written presentation (1,500 words): 20%

Research assignment (6,000 words): 80%

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

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