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Banking and Finance Law

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.

  • Academic unit: Faculty of Law
    Subject code: LAWS13-541
    Subject title: Banking and Finance Law
    Subject level: Undergraduate
    Semester/Year: May 2018
    Credit points: 10.000
  • Timetable: https://bond.edu.au/timetable
    Delivery mode: Standard
    Workload items:
    • Seminar: x12 (Total hours: 36) - Weekly Seminar
    • Personal Study Hours: x12 (Total hours: 84) - Recommended Study Hours
    Attendance and learning activities: Attendance at all seminars is compulsory, unless attendance is excused. 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 will 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

    • Sheelagh McCracken, Joanna Bird, John Stumbles, GJ Tolhurst (2017). Everett & McCracken's Banking & Fin Institutions Law. 9th, Thomson Reuters
    • Alan Tyree (2014). Banking Law in Australia. 8th, Lexis Nexis
    After enrolment, students can check the Books and Tools area in iLearn for the full Resource List.
    iLearn@Bond & Email: iLearn@Bond is the online learning environment at Bond University and is used to provide access to subject materials, lecture 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: May 2018
Credit points: 10.000

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):

Admission into a Bachelor Law Degree OR Bachelor of Laws Combined Degree OR approved Study Abroad OR Exchange Student LAWS13-435 - Banking and Finance Law

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.

Find your program

Subject Learning Outcomes (SLOs)

On successful completion of this subject the learner will be able to:

  1. Understand the structure and regulation of the Australian banking and financial system.
  2. Understand modern payment methods including cheques, electronic payments and letters of credit.
  3. Understand the obligations on banks and financial institutions regarding customers, regulators and matters such as crime prevention and detection.
  4. 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.

  • Type Task % Timing* Outcomes assessed
    Oral Pitch Oral presentation in class on research topic and findings 10.00% Week 10 3,4
    *Class Participation 15 MARKS are allocated to GENERAL ORAL SEMINAR PARTICIPATION. Seminar 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 3 short pieces of WRITTEN WORK based on the preparation for the seminars over the course of the semester, e.g. a written response to a seminar question (150 words), or a critical reflection (150 words), or a an online quiz after a seminar. 30.00% Ongoing 1,2,3,4
    Research Paper Research Paper (6,000 words): Students are required to research and write a paper on a topic of their choice. Topics will be suggested, but students may choose their own topic, subject to approval by the subject coordinator. 60.00% To Be Negotiated 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.

Type Task % Timing* Outcomes assessed
Oral Pitch Oral presentation in class on research topic and findings 10.00% Week 10 3,4
*Class Participation 15 MARKS are allocated to GENERAL ORAL SEMINAR PARTICIPATION. Seminar 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 3 short pieces of WRITTEN WORK based on the preparation for the seminars over the course of the semester, e.g. a written response to a seminar question (150 words), or a critical reflection (150 words), or a an online quiz after a seminar. 30.00% Ongoing 1,2,3,4
Research Paper Research Paper (6,000 words): Students are required to research and write a paper on a topic of their choice. Topics will be suggested, but students may choose their own topic, subject to approval by the subject coordinator. 60.00% To Be Negotiated 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.

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

University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.

Bond University utilises Originality Reporting software to inform academic integrity.

Feedback on assessment

Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.

Accessibility and Inclusion Support

If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.

Additional subject information

1. The weekly plan is subject to review. Some of the 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. 3. This subject is aimed at providing an education that is as individualised as possible. 4. The submission dates of the research essay and group presentations may be negotiated to a limited extent. 5. There is a substantial focus on doing research and producing a legal research essay. This involves discussing research methods, writing techniques and mentoring through the research process. 6. There is no prescribed text but the text Everett McCracken Banking and Financial Institutions Law is highly recommended. You will need to access it at least in the library - frequently. Other material - such as book extracts and journal articles that will be set as required reading, will be available electronically. Occasionally chapters from other textbooks may be set as prescribed reading - these will be available online or in the library.

Subject curriculum

Approved on: Mar 15, 2018. Edition: 1.2
Last updated: Oct 10, 2022