University of Technology, Sydney

Staff directory | Webmail | Maps | Newsroom | What's on

77715 Banking Law

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ( 70327c Commercial Law OR (142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration AND 70106c Principles of Public International Law AND 70107c Principles of Company Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.

Description

This subject concentrates on relations between banking institutions and their customers. Additional topics examined are drawn from the following: the regulatory framework within which banking institutions operate and the activities of banking institutions including cheques, bills of exchange, foreign currency transactions and secured and unsecured lending.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. understand and evaluate central concepts of banking law and its regulation;
2. understand and appraise the nature of the relationship between banker and customer;
3. understand the history, operation and utility of negotiable instruments;
4. understand and apply fundamental principle in relation to giving and taking security;
5. demonstrate critical and analytical legal skills.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

  • Legal Knowledge
    A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0)
  • Communication and Collaboration
    Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
  • Self management
    The ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self assessment of skills, personal wellbeing and appropriate use of feedback and, a capacity to adapt to and embrace change. (6.0)

Teaching and learning strategies

Strategy 1 Study of and reflection upon assigned readings before class.
Strategy 2 Exploration and discussion of assigned readings and related ideas in class. This will be encouraged and evaluated by assessing class participation (although the mark will be utilised in calculating a final result only if it assists).
Strategy 3 Development of individual research skills and skills of expression through preparation and writing of an essay or a presentation to the group.
Strategy 4 Encouragement of analytical skills through class discussion and preparation for and completion of an examination.

Content (topics)

  • Banks and Financial Institutions
  • Regulation
  • Banker and Customer
  • The Current Account
  • Electronic Banking
  • Consumer Protection
  • Bills of Exchange
  • Secured Transactions
  • Letters of Credit

Assessment

Assessment task 1: Class Participation

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

3.0 and 5.0

Weight: 0 or 20%

Assessment task 2: Research Essay

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 5

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 5.0

Weight: 50% or 40%
Length:

2,500 words

Assessment task 3: Presentation

Objective(s):

This task addresses the following subject learning objectives:

5

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 5.0

Weight: 50% or 40%

Assessment task 4: Take-home Problem Paper

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

1.0 and 3.0

Weight: 50% or 40%
Length:

1,500 words

Assessment task 5: LlM Research Essay

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0, 4.0, 5.0 and 6.0

Weight: 100% or 80%
Length:

4,500 words

Required texts

The prescribed text is Alan Tyree, Banking Law in Australia, 8th edn, LexisNexis Butterworths, 2014.

In addition, two sets of materials have been prepared for purchase; they will be available from The Hub Haymarket, Ground Floor, Building 5, Haymarket:

  • 77715 and 79015 Banking Law: Supplementary Readings; and
  • 77715 and 79015 Banking Law: Legislation.

Essential Materials:

Recommended texts

No other texts are specially recommended, but see the list of relevant resources under the next heading.

Other resources

Banking

  • Australian Finance Law /King & Wood Mallesons, 7th edn, Lawbook Thomson Reuters 2016
  • Byles J B, Byles on Bills of Exchange and Cheques, 28th edn /Ryder F R, Sweet & Maxwell 2007
  • Lord Chorley, Law of Banking, 6th edn, Sweet & Maxwell 1974
  • Conrick B, M J L Rajanayagam's The Law relating to Negotiable Instruments in Australia, 2nd edn, Butterworths 1989
  • Everett & McCracken, Banking & Financial Institutions Law, 8th edn, Thompson Reuters (Lawbook) 2013
  • Riley B B, Riley's Annotated Bills of Exchange Act and Cheques and Payment Orders Act, 4th edn /Robson K, Law Book 1994
  • Weaver G A, The Law Relating to Banker and Customer in Australia, Web - Legal Online
  • Weaver P M, Banking and Lending Practice, 5th edn, Thomson Reuters (Lawbook) 2016
  • Weerasooria W S, Banking Law and the Financial System in Australia, 6th edn by Tyree A L, LexisNexis 2006

General