Credit points


Campus offering

No unit offerings are currently available for this unit


LAWS104 Foundations of Law and Legal Research

Teaching organisation

4 hours per week for twelve weeks or equivalent.

Unit rationale, description and aim

This level four unit contributes to the development of:

  • advanced theoretical and technical knowledge in the field of Banking and Finance Law
  • advanced, cognitive, technical and communication skills and the ability to apply these to complex legal problems
  • advanced research and writing skills.
Banking and Finance Law examines current banking and finance regulation in Australia. Students will consider and examine the relevant legal issues relating to the common law rules and statutory regulation of banks and financial markets. They will also consider the special role of national regulators including: the Australian Prudential and Regulatory Authority, Commonwealth Treasury, the Reserve Bank of Australia, the Australian Competition and Consumer Commission and the Australian Securities and Investments Commission. The unit introduces students to the basic principles of banking and finance law, particularly as they relate to the banking and financial markets in Australia, including various aspects of the Banker/Customer relationship. The role of national regulators in maintaining and promoting a safe and secure banking industry will also be examined.

Learning outcomes

To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.

Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.

Explore the graduate capabilities.

On successful completion of this unit, students should be able to:

LO1 - Understand and explain the common law rules and customs associated with banking transactions negotiable instruments, mortgages, chattel securities, choses in action, liens and guarantees as well as have an understanding of relevant statutory regulation including the Banking Act 1959 (Cth), the Corporations Act 2001 (Cth), the Cheques Act  1986 (Cth), the Bills of Exchange Act 1909 (Cth) and the Personal Property Securities Act 2009 (Cth)(GA3, GA5, GA8, GA9) 

LO2 - Demonstrate an ability to deal with legal problems relating to the banking and finance industry (GA4, GA6, GA9) 

LO3 - Learn and work autonomously and collaboratively to improve their own capabilities and performance (GA7, GA8). 

Graduate attributes

GA3 - apply ethical perspectives in informed decision making

GA4 - think critically and reflectively 

GA5 - demonstrate values, knowledge, skills and attitudes appropriate to the discipline and/or profession 

GA6 - solve problems in a variety of settings taking local and international perspectives into account

GA7 - work both autonomously and collaboratively 

GA8 - locate, organise, analyse, synthesise and evaluate information 

GA9 - demonstrate effective communication in oral and written English language and visual media 


Topics will include: 

  1. Australian Banking System Regulation  
  2. Banker and Customer duties and responsibilities 
  3. Different types of account  
  4. Payment and Payment Systems 
  5. Consumer Protection 
  6. Lending 
  7. Documentary Credit 
  8.  Insurance Law 
  9. Superannuation Law 
  10. Bankruptcy Law 
  11. Contemporary issues in Financial Services 

Learning and teaching strategy and rationale

Mode:Lectures, tutorials, electronic consultation, library tasks and presentations or Online lectures and activities.  


Duration:3 hours per week over 12 weeks or equivalent.  Students are expected to spend 150 hours in total for this unit. 


This level four elective unit allows students to demonstrate advanced knowledge, skills and understanding in a specialist area of law building on knowledge developed in the compulsory law units.  

Our strategy is to encourage students to creatively engage with unit content and to apply knowledge, skills and understanding developed in the compulsory areas of law to a specialist area of law.  

The unit is designed to be delivered in intensive, weekly mode or online mode. We have taken a blended learning approach to provide accessibility and flexibility to our students and a student focused approach that increases depth of learning and engagement through actively utilising LEO.   

Assessment strategy and rationale

The assessment strategy is designed to assess knowledge, skills and understanding in a specialist area of law, and to apply knowledge developed in the compulsory law units to a specialist area of law.  

The assessment tasks for this unit are designed to demonstrate achievement of each of the learning outcomes listed.  


Overview of assessments

Brief Description of Kind and Purpose of Assessment TasksWeightingLearning OutcomesGraduate Attributes

Class Participation - Communication and engagement: Students are required to participate in a minimum of 8 out of 12 skills-based tutorials, in recognition that the development of skills in locating, referencing and analysing research materials is assisted by attendance and participation in weekly tutorials. A rubric will be utilised to assess students. Should a student fail to achieve the minimum participation requirements due to illness and/or personal circumstances beyond their control, an alternative assessment may be negotiated with the National Lecturer in Charge 



GA3, GA5, GA8, GA9 

Assignment (1,500 words maximum): students are required to demonstrate their ability to research an assigned topic and critically evaluate the relevant legal systems and laws. This assignment recognises the need for developing skills in locating, referencing, analysing research materials and training in legal writing skills. A rubric will be utilised for this assessment. 


LO2, LO3 

GA4, GA6, GA7, GA8, GA9 

Examinations – Examination will be completed online via LEO. This assessment recognises the need for developing skills to work through and provide a legal solution to a given legal problem within the time frame of the examination period. 


LO1, LO2 

GA3, GA4, GA5, GA6, GA8, GA9 

Representative texts and references

Alan Tyree, Banking Law in Australia, (LexisNexis Butterworths, 9th edn, 2017) 

P M Weaver, Banking and Lending Practice (Lawbook Co. Thomson Reuters, 5th edn, 2015) 

R Martin, Banking and Finance in Principle, (Lawbook Co. Thomson Reuters, 2008) 

D Everett and McCracken, Banking and Finance Institutions, (Lawbook Co. Thomson Reuters, 9th edn, 2017)  

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