Financial Services Law

Subject 730-727 (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: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Semester 2, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidate's background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

A/Prof Pamela Hanrahan
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Understand the legal and regulatory framework within which financial services providers operate
  • Be able to locate and apply the key regulatory requirements relating to AFS licensing, financial services disclosure (including Financial Services Guides and Statements of Advice) and financial products disclosure (including Product Disclosure Statements)
  • Have a developed understanding of the duties (including fiduciary duties) owed by financial services providers to their clients.

Syllabus:

This subject deals with the regulation of financial services providers and with the legal dimensions of their relationship with their clients. In particular, it deals directly with relevant parts of Chapter 7 of the Corporations Act 2001 and the general law relating to brokers, dealers and financial advisers. It also covers the related topic of Financial Product Disclosure.

Principal topics will include:

  • Policy underpinning Chapter 7 of the Corporations Act
  • AFS licensing
  • Financial services disclosure
  • Statutory and equitable duties of financial services providers
  • Financial product disclosure
  • Regulation of market participants
  • Role and powers of ASIC and ASX
  • Theoretical and comparative approaches to regulating broker/dealers and advisers.
Assessment:
  • Class participation (20%)
  • Research paper 8,000 words (80%) (11 December) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-727Financial Services LawMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Understand the legal and regulatory framework within which financial services providers operate
  • Be able to locate and apply the key regulatory requirements relating to AFS licensing, financial services disclosure (including Financial Services Guides and Statements of Advice) and financial products disclosure (including Product Disclosure Statements)
  • Have a developed understanding of the duties (including fiduciary duties) owed by financial services providers to their clients.

Syllabus:

This subject deals with the regulation of financial services providers and with the legal dimensions of their relationship with their clients. In particular, it deals directly with relevant parts of Chapter 7 of the Corporations Act 2001 and the general law relating to brokers, dealers and financial advisers. It also covers the related topic of Financial Product Disclosure.

Principal topics will include:

  • Policy underpinning Chapter 7 of the Corporations Act
  • AFS licensing
  • Financial services disclosure
  • Statutory and equitable duties of financial services providers
  • Financial product disclosure
  • Regulation of market participants
  • Role and powers of ASIC and ASX
  • Theoretical and comparative approaches to regulating broker/dealers and advisers.
  • Class participation (20%)
  • Research paper 8,000 words (80%) (11 December) (topic approved by the subject coordinator)
N.A.N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.A/Prof Pamela HanrahanLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730727P12.500Semester 2NLawLaw730-727

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