Year No. Offer Mode Description Cred. Pts 98 51322 S2 D FINANCE LAW 1.00
51123
The law forms a significant part of the general environment within which financial institutions operate. It has an effect on the relationship between governments and financial institutions and more particularly between those institutions and their customers. Any person working in this field requires a thorough grasp of relevant legal principles to ensure that the law is not transgressed and disputes are minimised. Some areas of law covered include the securities industry, negotiable instruments and financial securities.
Upon successful completion of this unit a student should:
Description Weighting(%)
- Regulation of the Australian Financial Systems 15.00
- Regulation of the Financial Markets and Instruments 15.00
- Payments System 20.00
- Debtor/Creditor Law and Securities for Finance 30.00
- Insolvency 10.00
- Finance of International Trade 5.00
- Professional Liability 5.00
Everett D and McCracken S, 1997, `Banking and Financial Institutions
Law', 4th Edn, LBC Information Services.
Turner C, 1997 `Australian Commercial Law', 21st edn, Law Book
Company.
Maguire M, 1998, `Essential Commercial Legislation: Queensland', 4th
edn, Law Book Company.
USQ Study Package available from Darling Heights Booksellers.
Should later editions of texts become available prior to commencement
of semester, then latest edition is required. That is, except
Maguire, for which the 1997 edition is also satisfactory.
If later editions become available, then refer to latest edition.
Vermeesch and Lindgren 1994, `Business Law of Australia', 8th ed,
Butterworths.
Latimer P, 1996, `Australian Business Law', 15th edn, CCH.
Tyree A L, 1995, `Banking Law in Australia', 2nd edn, Butterworths.
Burton G, 1991, `Australian Financial Transactions Law',
Butterworths.
Weerasooria W S, 1996, `Banking Law and the Financial System in
Australia', 4th edn, Butterworths.
Blay S, and Clark E, 1996, `Australian Law of Financial
Institutions', 2nd edn, Harcourt Brace.
Stanford J D, and Beale T G, 1995, "The Law and Economics of
Financial Institutions in Australia", Butterworths.
Weaver P M, and Shanahan K M, 1994, ` Banking and Lending Practice',
3rd edn, Serendip Publications.
Baxt R, Ford HAJ, and Black A, 1996, `Securities Industry Law', 5th
edn, Butterworths.
Lipton P and Herzberg A, 1995, `Understanding Company Law', 6th edn,
Law Book Company
Conrick B, 1989, `The Law of Negotiable Instruments in Australia',
2nd Edn, Butterworths.
Robson K, `Riley's, 1994, 'Annotated Bills of Exchange Act and
Cheques and Payment Orders Act', 4th Edn, Law Book Company.
Edwards R, and Tucker G, 1988, `Understanding Cheques and Payment
Orders', Serendip Publications.
Duncan W D, and Wilmott L, 1996, `Mortgages Law in Australia', 2nd
edn, Federation Press, Sydney.
Sykes E I, and Walker S, 1993, `The Law of Securities', 5th Edn, Law
Book Company.
Farmer J, 1986, `Creditor and Debtor Law in Australia & New
Zealand', 3rd edn, CCH.
Keay A, 1994, `Insolvency: Personal and Corporate Law and Practice',
2nd edn, Longman.
Townley A, 1994, `Insolvency and Bankruptcy', Butterworths.
Peden J R, 1984, `Teaching Materials and Cases on Commercial
Transactions', 2nd edn, Butterworths.
Owen J, etal, 1994, `The New Consumer Credit Code', Butterworths.
Wilde KCDM,(ed), 1993, `International Transactons: Trade and
Investment, Law and Finance', Law Book Company.
Schmitthoff CM, 1990, "The Law and Practice of International Trade',
9th edn, Stevens.
Edwards R, and Weston R, 1986, `International Trade Finance', Law
Book Company.
ACTIVITY HOURS Lectures 28 Tutorials/Workshops 28 Private Study 89 Assessments 20
No *F/S Marks Due Description Wtg(%) LBL WWW 1 S 30.00 24/08/98 ASSIGNMENT 1 30.00 Y N 2 S 70.00 END S2 3 HOUR EXAMINATION 70.00 N N
1 TO GAIN A PASSING GRADE IN THE UNIT A STUDENT MUST: a) obtain a
passing mark in aggregate for the unit's assessment item, AND b)
obtain a passing mark in the formal exam, AND c) submit genuine
attempts for the following MANDATORY item of assessment:
ASSIGNMENT
2 Students must retain a copy of all pieces of assessment which
must be produced if/when required by the lecturer.
3 LATE ASSIGNMENTS
3.1 All assessments submitted after the due date (and not approved
for extension) in accordance with university policy will be
penalised 20% per working day.
3.2 If students submit assignments after the due date and wish to
claim extenuating circumstances then they shall provide validated
documentary evidence with the assignment, explaining the
circumstances.
3.3 The unit examiner shall consider the statement accompanying a
late assignment and decide on the outcome.
4 Assignments not submitted in the appropriate assignment folders
will be deemed as not being received.
5 DISHONEST ACTIONS
5.1 Any student who is alleged to having performed a dishonest action
relating to any assessment in the unit will have a course of
action taken against him/her as outlined in the Academic
Regulations. (Regulation 5.8 (21)).
5.2 Pieces of assessment should be the work of individual students.
Joint pieces of assessment are not permitted unless written
approval has been obtained from the unit leader.
5.3 Dishonest action in relation to assessment includes: - copying or
attempting to copy the work of others; - use of or attempting to
use information prohibited from use in that form of assessment; -
submitting the work of another as your own; - consciously
committing acts of plagiarism, ie taking and using another's
thoughts or writings as one's own with intent to deceive, which
occurs when . paragraphs, sentences, a single sentence or
significant parts of a sentence which are copied directly, are
not enclosed in quotation marks and appropriately footnoted or
referenced in the text . direct quotations are not used, but text
is paraphrased or summarised, and the source of the material is
not acknowledged by footnoting or other reference in the text.
6 DEFERRED EXAMINATIONS
6.1 Deferred examinations will be granted at the Dean's discretion in
the case of medical or compassionate circumstances having regard
to item 1. If a deferred examination has been granted students
shall normally sit the deferred examination in the semester in
which the unit is offered, BUT NO LATER THAN THE NEXT SEMESTER 3
EXAMINATION PERIOD. If, for whatever reason, this deferred
examination is not taken then the student will be graded `F'.
6.2 Medical evidence on the appropriate University of Southern
Queensland medical certificate or doctor's certificate must be
received by the Faculty Administrator no later than twenty-one
(21) days after examination date. A medical certificate must be
dated with the same date as the period of illness for which the
absence from examination is being sought and clearly indicate the
student's name and, if possible, student number. (Retrospective
medical certificates will not be accepted for either assignment
work or examinations.)
6.3 A student's medical condition must be stated clearly (IN
ENGLISH). (Certificates stating a student has a `Medical
Condition' may not be sufficient grounds for deferment of
examination). Medical evidence must cover the student for the
day(s) of the missed examination(s).
6.4 Requests must be in writing to the Faculty Administrator clearly
stating the student name and number, unit number of the
examination missed due to illness and current address. Deferral
of an examination CANNOT be granted on an existing deferral in
that unit.
6.5 Requests on grounds other than medical MUST BE supported by
documentation.
6.6 Students who have a medical condition or have genuine
compassionate or work related problems on the day of the
examination are advised to obtain documentary evidence and NOT
attempt the examination. If a student makes an attempt at the
examination, the assessment item will be marked and a grade
awarded. In these cases, a student cannot, after receiving a
`Fail' grade, request a deferred examination or special
consideration.
6.7 Students who have been granted deferred examinations will not be
granted a waiver of prerequisites, without the permission of the
Heads of Department, in subsequent semesters (if they do not have
a passing grade).
7 Unit weightings of topics should not be interpreted as applying
to the number of marks allocated to questions testing those
topics in an examination paper. The examination may test material
already tested in assignments.
8 Mechanised erasers are not permitted in exam venues.
9 The examination is open book which means that students are
permitted to bring into the exam room and use any written or
printed material.
10 Students should also refer to the Faculty of Commerce `Guide to
Policies and Procedures' section of the University Handbook for
further information on the above matters.