51322 FINANCE LAW

Year	No.	Offer	Mode	Description			Cred. Pts
98	51322 	S2  	X 	FINANCE LAW               	1.00

Contents


STAFFING:

Examiner: R. MASON
Moderator: D. CALLAGHAN

PRE-REQUISITE(S)

51123


SYNOPSIS:

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.


OBJECTIVES:

Upon successful completion of this unit a student should:

  1. appreciate the legal background to the Australian financial
    system;
  2. appreciate the legal framework and constraints within which
    the financial institutions and financial markets and their
    customers/clients operate;
  3. understand the legal regulation of financial instruments,
    including negotiable instruments;
  4. understand relevant aspects of debtor and creditor law in
    Australia covering both business and consumer credit and
    insolvency and including the granting and realising of
    securities;
  5. appreciate the types of transactions involved in international
    trade and the role of banks in that context;
  6. appreciate the relationship between members of the professions
    employed by financial institutions and markets and their
    clients;
  7. be able to apply the law on identified topics to given fact
    situations
  8. demonstrate satisfactory skills in communication.

TOPICS:

 Description                                                    Weighting(%)
  1. Regulation of the Australian Financial Systems 15.00

  2. Regulation of the Financial Markets and Instruments 15.00

  3. Payments System 20.00

  4. Debtor/Creditor Law and Securities for Finance 30.00

  5. Insolvency 10.00

  6. Finance of International Trade 5.00

  7. Professional Liability 5.00


TEXT and MATERIALS to be PURCHASED:

Students need to purchase the following Text Books:

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.

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.


RECOMMENDED REFERENCE MATERIALS:

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, & Shanahan K A, 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.


STUDENT WORKLOAD REQUIREMENTS:

	ACTIVITY				HOURS
Directed Study                                	56
Private Study                                 	89
Assessments                                   	20

ASSESSMENT DETAILS:

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

*F=Formative, S=Summative

OTHER REQUIREMENTS:

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.

This information is accurate as at 04/11/98