LAW5466 - Financial services law - 2018

This is an introductory subject to financial services law and regulation in Australia. It will introduce the regulation of financial services in its historical and theoretical context. Students will gain an understanding of the key regulatory concepts, including those relating to licensing, disclosure and conduct for financial service providers, issuers and markets. Students will also develop an understanding of the key players in the sector and their roles in the development of policy and application of the relevant laws.

A student who has successfully completed this subject will:

identify and understand various theories of regulation

understand the history and background to the current regulatory environment for financial services in Australia

understand the legal and regulatory framework within which financial services providers operate

be able to locate and apply the key regulatory requirements relating to Australian financial services (AFS) licensing, financial services disclosure and financial products disclosure

be able to locate and apply the key duties and responsibilities (including common law) of financial services providers

understand the likely future direction of the financial services sector and its regulation

identify the strengths and weaknesses of different regulatory approaches to protecting the interests of consumers of financial services

One research assignment (3,750 words): 50%

One take-home examination (3,750 words): 50%

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Commercial Law

Regulatory Studies