General Information
Banking and Finance Law is an elective subject in undergraduate programs offered by the Faculty of Law. Students enrolled in this subject will learn about Australian banking and finance law and will examine the functions and regulatory framework of banks and financial institutions in Australia against the backdrop of the global financial crisis and international developments. Students will study a range of topics that may include the obligations of banks and customers, electronic banking and electronic payment, negotiable instruments and cheques, letters of credit, anti-money laundering and counter-terrorism financing regulation, lending, finance transactions, dispute resolution and consumer protection and financial crimes.
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Details
Academic unit: Faculty of Law Subject code: LAWS13-541 Subject title: Banking and Finance Law Subject level: Undergraduate Semester/Year: September 2024 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Standard Workload items: - Seminar: x12 (Total hours: 36) - Seminar
- Personal Study Hours: x12 (Total hours: 84) - Recommended Study Hours
Attendance and learning activities: Attendance at all seminars is required, unless attendance is excused. Seminars are a blend of informative lecture-style activities, and interactive components (tutorial style). Attendance in seminars will be monitored, and as seminar participation is assessable, failure to attend could impact negatively on the final mark a student obtains in this subject. Seminars may include a range of different activities - discussions, debates, written activities, sharing of current events, etc.. All short written pieces to be submitted for assessment will relate directly to seminar preparation and/or discussions. -
Resources
Prescribed resources: Books
- Anton Didenko (2024). Banking Law in Australia. 11th, Lexis Nexis
iLearn@Bond & Email: iLearn@Bond is the Learning Management System at Bond University and is used to provide access to subject materials, class recordings and detailed subject information regarding the subject curriculum, assessment, and timing. Both iLearn and the Student Email facility are used to provide important subject notifications.
Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.
To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
| Academic unit: | Faculty of Law |
|---|---|
| Subject code: | LAWS13-541 |
| Subject title: | Banking and Finance Law |
| Subject level: | Undergraduate |
| Semester/Year: | September 2024 |
| Credit points: | 10.000 |
| Timetable: | https://bond.edu.au/timetable |
|---|---|
| Delivery mode: | Standard |
| Workload items: |
|
| Attendance and learning activities: | Attendance at all seminars is required, unless attendance is excused. Seminars are a blend of informative lecture-style activities, and interactive components (tutorial style). Attendance in seminars will be monitored, and as seminar participation is assessable, failure to attend could impact negatively on the final mark a student obtains in this subject. Seminars may include a range of different activities - discussions, debates, written activities, sharing of current events, etc.. All short written pieces to be submitted for assessment will relate directly to seminar preparation and/or discussions. |
| Prescribed resources: | Books
|
|---|---|
| iLearn@Bond & Email: | iLearn@Bond is the Learning Management System at Bond University and is used to provide access to subject materials, class recordings and detailed subject information regarding the subject curriculum, assessment, and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student. To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au |
Enrolment requirements
| Requisites: |
Nil |
|---|---|
| Assumed knowledge: |
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge. Assumed Prior Learning (or equivalent):Assumed Knowledge: Legal Foundations A, Legal Foundations B, Foundations of Private and Criminal Law, Foundations of Private Law, Contract Law A. The law of banking and finance has been described as an elaboration of contract law, and as an elective it is suited to students who are mid-way through their degree, or later. |
| Restrictions: |
Nil |
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Understand the structure and regulation of the Australian banking and financial system.
- Understand modern payment methods including cheques, electronic payments and letters of credit.
- Understand the obligations on banks and financial institutions regarding customers, regulators and matters such as crime prevention and detection.
- Develop insight into the role the legal system plays in the financial world, including the increased globalisation of banking and finance.
Generative Artificial Intelligence in Assessment
The University acknowledges that Generative Artificial Intelligence (Gen-AI) tools are an important facet of contemporary life. Their use in assessment is considered in line with students’ development of the skills and knowledge which demonstrate learning outcomes and underpin study and career success. Instructions on the use of Gen-AI are given for each assessment task; it is your responsibility to adhere to these instructions.
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Assessment details
Type Task % Timing* Outcomes assessed Oral Pitch Oral presentation in class on research topic and findings. Each presentation is 3 minutes long followed by 3 minutes of Q and A. Presentations will be spread over weeks 8 and 9. 10.00% Week 9 3,4 Research Paper Research Paper (6,000 words): Students are required to research and write a paper on a topic of their choice. The objective is to write a paper suitable for publication. Topics will be suggested, but students may choose their own topic, subject to approval by the subject coordinator. This is a guided assessment and students have to submit drafts at regular intervals and may obtain guidance and advice and feedback from the course coordinator. A first draft setting out the research topic, research question, an initial bibliography and an outline of findings up to that point is due in Week 6 (negotiable) and is worth 15 % of the marks of the Research Paper. The final Research Paper is due Monday Week 12. 60.00% Week 12 4 Activity 15 MARKS are allocated to GENERAL ORAL CLASS PARTICIPATION. Class participation may take different forms, including prepared answers to preset formal questions (tutorial-style questions), informal class discussions based on prescribed readings or of current events, and/or team presentations and class debates. Details will be made available on a weekly basis in advance. 15 MARKS are allocated to the submission of a portfolio selection of the student's best short pieces of WRITTEN WORK based on the preparation for class over the course of the semester. The portfolio is submitted on Friday week 12. 30.00% Ongoing 1,2,3,4 - * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
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Assessment criteria
Assessment criteria
High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment. Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
| Type | Task | % | Timing* | Outcomes assessed |
|---|---|---|---|---|
| Oral Pitch | Oral presentation in class on research topic and findings. Each presentation is 3 minutes long followed by 3 minutes of Q and A. Presentations will be spread over weeks 8 and 9. | 10.00% | Week 9 | 3,4 |
| Research Paper | Research Paper (6,000 words): Students are required to research and write a paper on a topic of their choice. The objective is to write a paper suitable for publication. Topics will be suggested, but students may choose their own topic, subject to approval by the subject coordinator. This is a guided assessment and students have to submit drafts at regular intervals and may obtain guidance and advice and feedback from the course coordinator. A first draft setting out the research topic, research question, an initial bibliography and an outline of findings up to that point is due in Week 6 (negotiable) and is worth 15 % of the marks of the Research Paper. The final Research Paper is due Monday Week 12. | 60.00% | Week 12 | 4 |
| Activity | 15 MARKS are allocated to GENERAL ORAL CLASS PARTICIPATION. Class participation may take different forms, including prepared answers to preset formal questions (tutorial-style questions), informal class discussions based on prescribed readings or of current events, and/or team presentations and class debates. Details will be made available on a weekly basis in advance. 15 MARKS are allocated to the submission of a portfolio selection of the student's best short pieces of WRITTEN WORK based on the preparation for class over the course of the semester. The portfolio is submitted on Friday week 12. | 30.00% | Ongoing | 1,2,3,4 |
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
Assessment criteria
| High Distinction | 85-100 | Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking. |
|---|---|---|
| Distinction | 75-84 | Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas. |
| Credit | 65-74 | Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above. |
| Pass | 50-64 | Usually awarded to students whose performance meets the requirements set for work provided for assessment. |
| Fail | 0-49 | Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines. |
Quality assurance
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Study Information
Submission procedures
Students must check the iLearn@Bond subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Academic Integrity
Bond University‘s Student Code of Conduct Policy , Student Charter, Academic Integrity Policy and our Graduate Attributes guide expectations regarding student behaviour, their rights and responsibilities. Information on these topics can be found on our Academic Integrity webpage recognising that academic integrity involves demonstrating the principles of integrity (honesty, fairness, trust, professionalism, courage, responsibility, and respect) in words and actions across all aspects of academic endeavour.
Staff are required to report suspected misconduct. This includes all types of plagiarism, cheating, collusion, fabrication or falsification of data/content or other misconduct relating to assessment such as the falsification of medical certificates for assessment extensions. The longer term personal, social and financial consequences of misconduct can be severe, so please ask for help if you are unsure.
If your work is subject to an inquiry, you will be given an opportunity to respond and appropriate support will be provided. Academic work under inquiry will not be marked until the process has concluded. Penalties for misconduct include a warning, reduced grade, a requirement to repeat the assessment, suspension or expulsion from the University.
Feedback on assessment
Feedback on assessment will be provided to students according to the requirements of the Assessment Procedure Schedule A - Assessment Communication Procedure.
Whilst in most cases feedback should be provided within two weeks of the assessment submission due date, the Procedure should be checked if the assessment is linked to others or if the subject is a non-standard (e.g., intensive) subject.
Accessibility and Inclusion Support
Support is available to students where a physical, mental or neurological condition exists that would impact the student’s capacity to complete studies, exams or assessment tasks. For effective support, special requirement needs should be arranged with the University in advance of or at the start of each semester, or, for acute conditions, as soon as practicable after the condition arises. Reasonable adjustments are not guaranteed where applications are submitted late in the semester (for example, when lodged just prior to critical assessment and examination dates).
As outlined in the Accessibility and Inclusion Policy, to qualify for support, students must meet certain criteria. Students are also required to meet with the Accessibility and Inclusion Advisor who will ensure that reasonable adjustments are afforded to qualifying students.
For more information and to apply online, visit BondAbility.
Additional subject information
1. The weekly plan is subject to review. Some of the lectures and seminars may be complemented with blended-learning elements, including pre-recorded lectures and on-line exercises. 2. The topics in the weekly plan may be amended, replaced and adjusted within reason, depending on the interests of the students and sometimes current events. 3. This subject is aimed at providing a tailored and current experience taking into account students' interests and preferences. 4. There is a substantial focus on doing research and producing a legal research essay, which is the final assessment item. This involves discussing research methods, writing techniques and mentoring through the research process. 5. Students may be asked to respond to questions from the subject coordinator regarding the content of all of their assessments. Students are expected to keep evidence of drafting and research.
Subject curriculum
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Introduction and overview
The sequence and schedule of the delivery of topics will be reviewed before the commencement of classes and an announcement will be placed on iLearn. An introduction to money, banking and finance (historical and present). PLEASE NOTE - the exact topics covered in the semester may deviate from the list provided below, based on what the students in class are most interested in.
SLOs included
- Understand the structure and regulation of the Australian banking and financial system.
- Understand modern payment methods including cheques, electronic payments and letters of credit.
- Understand the obligations on banks and financial institutions regarding customers, regulators and matters such as crime prevention and detection.
- Develop insight into the role the legal system plays in the financial world, including the increased globalisation of banking and finance.
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Cryptocurrencies, Blockchain and Fintech
Legal nature of and legal issues relating to cryptocurrencies, stablecoins, crypto assets, and fintech.
SLOs included
- Understand the structure and regulation of the Australian banking and financial system.
- Understand the obligations on banks and financial institutions regarding customers, regulators and matters such as crime prevention and detection.
- Develop insight into the role the legal system plays in the financial world, including the increased globalisation of banking and finance.
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Framework and basics; Regulation; Financial markets and institutions
The banking, financial and regulatory system and framework; The regulators: The Reserve Bank, APRA, ASIC; Banking basics (e.g. fractional reserve lending, capital adequacy, risk management, capital adequacy, liquidity); Problems relating to regulation, some theoretical principles; Financial markets and institutions. These topics are studied against the backdrop of financial and other crises, including the Global Financial Crisis of 2008, the Climate Crisis, the global Covid-19 crisis and geopolitical unrest. Australian regulators are placed in international context and the importance of international regulation is highlighted.
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Banks and deposit taking; banks and their customers; Investment banks
The nature of banks and deposits. Obligations of banks and customers. Different accounts.
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Electronic Banking
Electronic banking; liabilities and obligations of financial institutions and customers.
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Clearing and settlement, the payment system
The payment system and regulation of the payment system; payment system innovations and the role of fintech and 'open banking'.
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Negotiable instruments
Bills of exchange and cheques as payment mechanisms; Parties and liabilities under negotiable instruments.
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Payment instruments in international trade - documentary credits and BPOs
Letters of credit and BPOs - their role, functions and legal framework.
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Lending and finance, Project finance
Lending and borrowing - the legal issues; Responsible lending and taking security; distressed borrowers. Project finance - operation and contractual issues (or other forms of finance).
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Anti-money laundering and counter-terrorism financing
Obligations of banks and financial institutions under the Anti-Money Laundering and Counter-terrorism financing legislation.
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Financial crimes, consumer protection, dispute resolution
Alternative dispute resolution and consumer protection - The Australian Financial Complaints Authority; Frauds, schemes and scams - An introduction to fraud in the financial arena, including common schemes such as Ponzi schemes, and payment invoice fraud.
SLOs included
- Understand the structure and regulation of the Australian banking and financial system.
- Understand modern payment methods including cheques, electronic payments and letters of credit.
- Understand the obligations on banks and financial institutions regarding customers, regulators and matters such as crime prevention and detection.
- Develop insight into the role the legal system plays in the financial world, including the increased globalisation of banking and finance.
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Skills for writing a legal research paper
In order to assist students in the development of the skills of writing a legal research paper (such as for an academic journal or online service of a law firm), some class time will be devoted to skills development. Development of skills in writing a legal research paper. Defining a research question, researching relevant sources, structuring a research paper, legal and academic writing, citation, appropriate use of artificial intelligence tools.