51322 FINANCE LAW

Year	No.	Offer	Mode	Description			Cred. Pts
01	51322 	S2  	X 	FINANCE LAW               	1.00

Contents


STAFFING:

Examiner: M. MAGUIRE
Moderator: M. BYRNE
Instructional design: C. COTTMAN

PRE-REQUISITE(S)

51005


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 business requires a thorough grasp of relevant legal principles relevant to regulation of the finance industry and its participants, financial markets and products. Some areas of law covered include the provision of finance, securities for lending, insolvency and financing international trade.


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 products,
    including negotiable instruments;
  4. understand relevant aspects of credit law in Australia
    covering business lending 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 System 15.00

  2. Regulation of the Financial Markets, 15.00 Products and Instruments

  3. Payments System 20.00

  4. Lending to Business Organisations 10.00

  5. Securities for Provision of Finance 15.00

  6. Insolvency 15.00

  7. Finance of International Trade 5.00

  8. Professional Liability 5.00


TEXT and MATERIALS required to be PURCHASED or accessed:

Students need to purchase the following Text Books:

Everett, D. & McCracken, S. 1997, Banking and Financial Institutions
Law
, 4th edn, LBC Information Services, North Ryde, NSW.

Turner, C. 2001, Australian Commercial Law, 23rd edn, LBC
Information Services, Sydney. (Latest edition of text required).

Maguire, M. 2001, Essential Commercial Legislation: Queensland, 6th
edn, LBC Information Services, Pyrmont, NSW. (Latest edition of text
required).


REFERENCE MATERIALS:

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the unit and enrich their learning experience.

If later editions become available, then refer to latest edition.

Tyree, A.L. 1998, Banking Law in Australia, 3rd edn, Butterworths,
Sydney.

Burton, G. 1991, Australian Financial Transactions Law,
Butterworths, Sydney.

Weerasooria, W.S. 2000, Banking Law and the Financial System in
Australia
, 5th edn, Butterworths, Sydney.

Hogan, S. 2001, Finance Law of Australia, Butterworths, Sydney.

Blay, S. & Clark, E. 1996, Australian Law of Financial Institutions,
2nd edn, Harcourt Brace, Sydney.

Stanford, J.D. & Beale, T.G. 1995, The Law and Economics of Financial
Institutions in Australia
, Butterworths, Sydney.

Lipton, P. & Herzberg, A. 2001, Understanding Company Law, 10th edn,
LBC Information Services, Sydney.

Conrick, B. 1989, The Law of Negotiable Instruments in Australia,
2nd edn, Butterworths, Sydney.

Robson, K., 1994, Riley's Annotated Bills of Exchange Act and Cheques
and Payment Orders Act
, 4th edn, Law Book Company, Sydney.

Edwards, R. & Tucker, G. 1988, Understanding Cheques and Payment
Orders
, Serendip Publications. Wamberal, NSW.

Tyree, A. & Beatty, A. 2000, The Law of Payment Systems,
Butterworths, Sydney.

McCracken, S. & Everett, D. 1998, Finance & Security Law: Cases and
Materials
, Butterworths, Sydney.

Duncan, W.D. & Wilmott, L. 1996, Mortgages Law in Australia, 2nd
edn, Federation Press, Sydney.

Sykes, E.I. & Walker, S. 1993, The Law of Securities, 5th edn, Law
Book Company, North Ryde, NSW.

Weerasooria, W.S. 1998, Bank Lending and Securities in Australia,
Butterworths, Sydney.

Keay, A. 1998, Insolvency: Personal and Corporate Law and Practice,
3rd edn, John Libbey, Sydney.

Townley, A. 1997, Insolvency and Bankruptcy, 2nd edn, Butterworths,
Sydney.

McGill, D. & Willmott, L. 1999, Annotated Consumer Credit Code, LBC
Information Services, Sydney.

Edwards, R. & Weston, R. 1986, International Trade Finance, Law Book
Company, Sydney.

Mo, J.S, 2000, International Commercial Law, 2nd edn, Butterworths,
Sydney.


STUDENT WORKLOAD REQUIREMENTS:

	ACTIVITY				HOURS
Directed Study                                	52
Private Study                                 	93
Assessments                                   	20

ASSESSMENT DETAILS:

No  *F/S Marks     Due        Description                              Wtg(%)    LBL WWW
1   S    30.00     27/08/01  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.
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  next 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.)  Only  original  or  certified  medical
     certificates will be accepted.
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  must have submitted a genuine attempt at all  mandatory
     assessment items.
6.7  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.
6.8  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 15/01/02