Year
2024Credit points
10Campus offering
No unit offerings are currently available for this unitPrerequisites
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.
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.
| Learning Outcome Number | Learning Outcome Description |
|---|---|
| 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 2001 (Cth), the Cheques Act 1986 (Cth), the Bills of Exchange Act 1909 (Cth) and the Personal Property Securities Act 2009 (Cth) |
| LO2 | Demonstrate an ability to deal with legal problems relating to the banking and finance industry |
| LO3 | Learn and work autonomously and collaboratively to improve their own capabilities and performance |
Content
Topics will include:
- Australian Banking System Regulation
- Banker and Customer duties and responsibilities
- Different types of account
- Payment and Payment Systems
- Consumer Protection
- Lending
- Documentary Credit
- Insurance Law
- Superannuation Law
- Bankruptcy Law
- 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 multimodal 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 Canvas.
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 Tasks | Weighting | Learning Outcomes |
|---|---|---|
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 | 25% | LO1 |
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. | 35% | LO2, LO3 |
Examinations – Examination will be completed online via Canvas. 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. | 40% | LO1, LO2 |
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)