Monash University Handbook 2010 Postgraduate - Unit

Synopsis

This subject provides an overview of the key relevant legal principles and practice of banking. It primarily addresses the regulation of banks and other deposit-taking institutions and their relationship with their customers. It covers law, policy and regulation of banking, lending and payments services. It will be taught on a comparative basis, looking at how these institutions are regulated in Australia and comparing this to the position in key banking centres overseas (in particular US, EU and UK positions)

Main topics are:

• What is banking?
• Theoretical basis for regulation and supervision of banking
• Constitutional basis for Australian regulation
• Prudential supervision of banks
• Licensing of banks
• Comparative banking regulation (focusing on the position in the US, UK and EU)
• Systemic issues and crisis management
• Practical and legal risks posed by payment systems,
• Comparative payment system regulation (Australia, US, UK and EU)
• Current policy issues with banking and payment systems
• Banker/customer relationship (including confidentiality)
• Law and policy issues with lending and security
• Regulation of credit and credit providers

Objectives

To give students a broad understanding of Australian banking law. Students will develop sufficient working understanding of the areas of law to which they are introduced to be able to advise in the resolution of problems, planning of strategies and provide an informed opinion and argument on the key current debates in this area.

Assessment

Class participation - oral and written presentation (1,500 words): 20%
One research assignment (6,000 words): 80%

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).

Prerequisites

Nil

Co-requisites

Nil

Prohibitions

Nil