School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Law of Banking and Credit III
  • Unit Code

    LAW3201
  • Year

    2016
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

The law relating to various aspects of banking and credit: legal aspects of the banker/customer relationship; the legal dimensions of cheques and other negotiable instruments; the types and nature of security; lending to different entities; an overview of the law applying to persons in financial difficulties and an overview of consumer credit legal principles under the National Credit Code.

Prerequisite Rule

Students must pass 1 units in LAW1100, LAW1116, LAW1600

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse and evaluate the various legal dimensions of the relationaship between a bank and its customer.
  2. Explain and apply the principles of banking and credit law and analyse and apply case-law relating to the banker/customer relationship, cheques and other negotiable instruments, mortgages and other forms of security, lending to companies, partnerships and trusts, arrangements for borrowers in financial difficulties and current consumer credit legislation.
  3. Identify, analyse and propose solutions to the legal problems that can arise in daily banking operations, including the capacity to evaluate the legal position of parties within a practical context.

Unit Content

  1. An outline of current consumer credit legislation.
  2. The banker/customer relationship, including the nature of the relationship, the duties of the banker and the duties of care of the customer.
  3. The concept, types, nature and purpose of security, including the mortgage, charge, pledge and lien.
  4. The law relating to cheques (including a detailed study of relevant parts of the Cheques Act 1986 (C'th)) and other negotiable instruments, such as bills of exchange and promissory notes.
  5. The law relating to lending to companies, partnerships and trusts.
  6. The remedies and solutions available for corporate and individual borrowers in financial difficulties, including (where applicable) liquidation, bankruptcy, receivership, debt agreements and arrangements and voluntary administration.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students attend a weekly two-hour lecture and one-hour tutorial. Off-campus students access the unit via Blackboard. Regular online access required. Students will develop their communication skills by preparing responses to and participating in tutorial discussions of problem questions on issues relating to the law of banking and credit.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial participation10%
TestTest30%
ExaminationFinal examination60%
ONLINE
TypeDescriptionValue
ParticipationOnline tutorial discussion and participation10%
TestTest30%
ExaminationFinal examination60%

Text References

  • ^ STATUTES Cheques Act 1986 (Cth) National Consumer Credit Protection Act 2009 (Cth) National Credit Code Personal Properties Securities Act 2009 (Cth)
  • ^ Latimer, P. (2015). Australian business law (34th ed.). Sydney: CCH Australia.
  • Tyree, A. L. (2008). Banking law in Australia (6th ed.). Sydney: LexisNexis Butterworths.

^ Mandatory reference


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW3201|1|1

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Law of Banking and Credit III
  • Unit Code

    LAW3201
  • Year

    2016
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

The law relating to various aspects of banking and credit: legal aspects of the banker/customer relationship; the legal dimensions of cheques and other negotiable instruments; the types and nature of security; lending to different entities; an overview of the law applying to persons in financial difficulties and an overview of consumer credit legal principles under the National Credit Code.

Prerequisite Rule

Students must pass 1 units in LAW1100, LAW1116, LAW1600

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse and evaluate the various legal dimensions of the relationaship between a bank and its customer.
  2. Explain and apply the principles of banking and credit law and analyse and apply case-law relating to the banker/customer relationship, cheques and other negotiable instruments, mortgages and other forms of security, lending to companies, partnerships and trusts, arrangements for borrowers in financial difficulties and current consumer credit legislation.
  3. Identify, analyse and propose solutions to the legal problems that can arise in daily banking operations, including the capacity to evaluate the legal position of parties within a practical context.

Unit Content

  1. An outline of current consumer credit legislation.
  2. The banker/customer relationship, including the nature of the relationship, the duties of the banker and the duties of care of the customer.
  3. The concept, types, nature and purpose of security, including the mortgage, charge, pledge and lien.
  4. The law relating to cheques (including a detailed study of relevant parts of the Cheques Act 1986 (C'th)) and other negotiable instruments, such as bills of exchange and promissory notes.
  5. The law relating to lending to companies, partnerships and trusts.
  6. The remedies and solutions available for corporate and individual borrowers in financial difficulties, including (where applicable) liquidation, bankruptcy, receivership, debt agreements and arrangements and voluntary administration.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students attend a weekly two-hour lecture and one-hour tutorial. Off-campus students access the unit via Blackboard. Regular online access required. Students will develop their communication skills by preparing responses to and participating in tutorial discussions of problem questions on issues relating to the law of banking and credit.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial participation10%
TestTest30%
ExaminationFinal examination60%
ONLINE
TypeDescriptionValue
ParticipationOnline tutorial discussion and participation10%
TestTest30%
ExaminationFinal examination60%

Text References

  • ^ STATUTES Cheques Act 1986 (Cth) National Consumer Credit Protection Act 2009 (Cth) National Credit Code Personal Properties Securities Act 2009 (Cth)
  • ^ Latimer, P. (2015). Australian business law (34th ed.). Sydney: CCH Australia.
  • Tyree, A. L. (2008). Banking law in Australia (6th ed.). Sydney: LexisNexis Butterworths.

^ Mandatory reference


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW3201|1|2