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.

Please note that given the circumstances of COVID-19, there may be some modifications to the assessment schedule promoted in Handbook for Semester 1 2020 Units. Students will be notified of all approved modifications by Unit Coordinators via email and Unit Blackboard sites. Where changes have been made, these are designed to ensure that you still meet the unit learning outcomes in the context of our adjusted teaching and learning arrangements.

  • Unit Title

    Law of Banking and Credit III
  • Unit Code

    LAW3201
  • Year

    2020
  • Enrolment Period

    1
  • Version

    2
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Ms Cecilia ANTHONY DAS

Description

This unit reflects on the changes in the landscape of Australian banking law. It introduces the challenges faced both by banks and its customers in the current financial environment. It introduces students to regulatory regimes related to banking and credit institutions and selected instruments within the banking sector which is deemed essential for students intending to pursue a career in banking and finance.

Prerequisite Rule

Students must have passed either LAW1100, LAW1116 or LAW1600.

Learning Outcomes

On completion of this unit students should be able to:

  1. Use the various legislations to explain the relationship between a bank and its customers.
  2. Examine principles applicable to banking and credit institutions and its instruments.
  3. Communicate clearly and succinctly through appropriate research evidence and language to support arguments and/or opinions.
  4. Critique peer submissions on problem based questions related to banking and credit law.

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.

Learning Experience

Students will engage in learning experiences through ECU Blackboard as well as additional ECU learning technologies.

Additional Learning Experience Information

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
ProjectGroup Project20%
PresentationGroup Presentation15%
TestProblem Based Question Test15%
ExaminationFinal examination50%
ONLINE
TypeDescriptionValue
ProjectGroup Project20%
PresentationGroup Presentation15%
TestProblem Based Question Test15%
ExaminationFinal examination50%

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|2|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.

Please note that given the circumstances of COVID-19, there may be some modifications to the assessment schedule promoted in Handbook for this unit. All assessment changes will be published by 27 July 2020. All students are reminded to check handbook at the beginning of semester to ensure they have the correct outline.

  • Unit Title

    Law of Banking and Credit III
  • Unit Code

    LAW3201
  • Year

    2020
  • Enrolment Period

    2
  • Version

    2
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Ms Cecilia ANTHONY DAS

Description

This unit reflects on the changes in the landscape of Australian banking law. It introduces the challenges faced both by banks and its customers in the current financial environment. It introduces students to regulatory regimes related to banking and credit institutions and selected instruments within the banking sector which is deemed essential for students intending to pursue a career in banking and finance.

Prerequisite Rule

Students must have passed either LAW1100, LAW1116 or LAW1600.

Learning Outcomes

On completion of this unit students should be able to:

  1. Use the various legislations to explain the relationship between a bank and its customers.
  2. Examine principles applicable to banking and credit institutions and its instruments.
  3. Communicate clearly and succinctly through appropriate research evidence and language to support arguments and/or opinions.
  4. Critique peer submissions on problem based questions related to banking and credit law.

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.

Learning Experience

Students will engage in learning experiences through ECU Blackboard as well as additional ECU learning technologies.

Additional Learning Experience Information

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
ProjectGroup Project20%
PresentationGroup Presentation15%
TestProblem Based Question Test15%
ExaminationFinal examination50%
ONLINE
TypeDescriptionValue
ProjectGroup Project20%
PresentationGroup Presentation15%
TestProblem Based Question Test15%
ExaminationFinal examination50%

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|2|2