Retail Banking and Finance Law

Subject 730-439 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Undergraduate
Dates & Locations:

This subject is not offered in 2008.

Time Commitment: Contact Hours: Three hours per week
Total Time Commitment: Not available
Prerequisites: Legal Method and Reasoning; Principles of Public Law; Torts; Legal Theory; Contracts; Obligations; Property or in each case their ­equivalents.
Corequisites: None
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements:

For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.

It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support:


Mr. A. Ham
Subject Overview:

The financial sector occupies a unique place in the economy. Few commercial or consumer transactions do not have a financial aspect. Furthermore, rapid changes in technology and the regulation of financial markets have significantly affected the relationship between banks and their ­customers.

The activities of banks typically include making loans, taking deposits, and facilitating payments. The emphasis in this subject is on the taking of deposits and the operation of traditional and electronic payment systems, particularly in a consumer context.

The subject begins with a brief overview of the regulation and supervision of the Australian banking system. In the second part of the subject students will explore the central aspects of the banker-customer relationship, including the impact of recent financial services reforms under Chapter 7 of the Corporations Act, and banks' obligations of privacy and confidentiality. The third part of the subject deals with the regulation and operation of payment methods or systems, particularly electronic payment mechanisms (such as credit cards, direct debt arrangements and smart cards). Finally we will consider proposals for reform of the law and regulation of consumer banking and finance ­transactions.

Assessment: A three-hour examination, 100%.
Prescribed Texts: Printed materials will be issued by the Faculty of Law.Australian Finance Law (Mallesons Stephen Jaques), 5th edn, 2003
Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills:

Information Not Available

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