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.

Your unit may be subject to government or third party COVID-19 vaccination requirements. Please consider this before enrolling in this unit, and speak with the unit coordinator if this raises any concerns.

  • Unit Title

    Law of Banking and Credit III
  • Unit Code

    LAW3201
  • Year

    2022
  • Enrolment Period

    1
  • Version

    2
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr 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 via ECU’s LMS as well as additional ECU learning technologies

Additional Learning Experience Information

Off-campus students access the unit via LMS. 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 School Progression Panel.

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 Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

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.

Your unit may be subject to government or third party COVID-19 vaccination requirements. Please consider this before enrolling in this unit, and speak with the unit coordinator if this raises any concerns.

  • Unit Title

    Law of Banking and Credit III
  • Unit Code

    LAW3201
  • Year

    2022
  • Enrolment Period

    2
  • Version

    2
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr 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 via ECU’s LMS as well as additional ECU learning technologies

Additional Learning Experience Information

Off-campus students access the unit via LMS. 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 School Progression Panel.

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 Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

LAW3201|2|2