LLB340 Banking and Finance Law
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLB340 |
|---|---|
| Prerequisite(s): | LLB301 or LWB244. LLB301 can be enrolled in the same teaching period |
| Antirequisite(s): | LWB454 |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $2,124 |
| Pre-2021 CSP student contribution | $1,663 The pre-2021 commonwealth supported place (CSP) contribution amount only applies to students enrolled in a course prior to 2021. To learn more, visit our Understanding your fees page. |
| Domestic tuition unit fee | $3,204 |
| International unit fee | $4,368 |
Unit Outline: Semester 2 2025, Gardens Point, Internal
| Unit code: | LLB340 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB301 or LWB244. LLB301 can be enrolled in the same teaching period. |
| Anti-requisite: | LWB454 |
| Coordinators: | Nicola Howell | nicola.howell@qut.edu.au Amanda Bull | amandajayne.bull@qut.edu.au |
Overview
This unit examines the key common law and statutory principles regulating banking and finance practice in Australia. An understanding of the principles of banking and finance law will assist you to gain a more complete grasp of the legal system, particularly in a commercial context. Knowledge of the law as it applies to business and consumer banking provides the opportunity to develop your skills in a range of legal areas, as well as providing a solid foundation for those interested in working in this area of law and practice.
Learning Outcomes
On successful completion of this unit you will be able to:
- Explain the regulation of banking and finance law, including the place of banking and finance law in our legal system and in the context of related areas (Course Learning Outcomes 1.1, 1.4, 2.1)
- Apply the essential principles of banking and finance law to common transactions, including lender-customer contracts, to advise on possible outcomes (CLOs 1.1, 2.1, 2.2, , 4.1)
- Analyse and apply consumer law and regulation principles and policy relevant to financial services to provide practical advice for the resolution of real world problems (CLOs 1.1, 2.1, 2.2, 4.1, 5.1)
- Undertake research to solve problems within a banking and finance context and effectively communicate solutions to those problems (CLOs 2.3, 3.1, 3.2, 4.1, 4.2).
Content
This unit will cover the following topics:
- The Australian financial system
- Regulation of the Australian financial system
- Banking and finance concepts
- The banker-customer and lender-customer relationships and duties
- Payments
- Secured and unsecured lending
- Consumer protection
- Small business protection
Learning Approaches
This unit employs an active and collaborative approach to learning. It involves an online, self-paced learning practice and live workshops where you will learn from experts and your peers. Prior to workshops, you will be supported and engaged in this unit through the delivery of weekly snapshots of unit material, podcasts delivered by experts, interactive quizzes and other formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.
Your participation in this unit will include:
- Engagement with the online materials.
- Discussions on Canvas and in live workshops.
- Collaboration with peers and experts to network and share your understandings.
Feedback on Learning and Assessment
Feedback on the development of your understanding of the content learnt in this unit is provided through:
- formative activities on Canvas
- group and individual feedback in workshops
- individual written feedback on assessment
- generic feedback on assessment placed on the unit's Canvas site
- feedback through discussion forums on Canvas
- the option of private consultation with a member of the teaching team during semester.
Assessment
Overview
In this unit, you will be graded on a scale of one to seven.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Memorandum of advice
Acting as a legal expert, you will research and analyse banking and finance law and regulation policy to provide advice to a client for the resolution of a problem.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Examination
The open-book examination will assess your understanding of the unit content and your problem-solving skills.
Academic Integrity
Academic integrity is a commitment to undertaking academic work and assessment in a manner that is ethical, fair, honest, respectful and accountable.
The Academic Integrity Policy sets out the range of conduct that can be a failure to maintain the standards of academic integrity. This includes, cheating in exams, plagiarism, self-plagiarism, collusion and contract cheating. It also includes providing fraudulent or altered documentation in support of an academic concession application, for example an assignment extension or a deferred exam.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Breaching QUT’s Academic Integrity Policy or engaging in conduct that may defeat or compromise the purpose of assessment can lead to a finding of student misconduct (Code of Conduct – Student) and result in the imposition of penalties under the Management of Student Misconduct Policy, ranging from a grade reduction to exclusion from QUT.
Resources
Online resources for this unit are available on Canvas.
Resource Materials
Prescribed text(s)
Anton Didenko, Banking Law in Australia (LexisNexis Butterworths, 11th ed, 2024)
Commonwealth legislation, including Australian Securities and Investments Commission Act 2001 (Cth), Corporations Act 2001 (Cth), Banking Act 1959 (Cth), National Consumer Credit Protection Act 2009 (Cth). Students can access all relevant legislation through www.legislation.gov.au.
Recommended text(s)
Han-Wei Liu and Weiping He, Australian Banking and Finance Law and Regulation (Cambridge University Press, 2024)
Sheelagh McCracken, Everett and McCracken's Banking and Financial Institutions Law (Thomson Reuters, 9th ed, 2017)
Other
Students may also refer to articles in relevant journals, including Australian Business Law Review, Company and Securities Law Journal and Journal of Banking and Finance Law and Practice.
Risk Assessment Statement
There are no out-of-the-ordinary risks associated with lectures or tutorials in this unit. You should, however, familiarise yourself with evacuation procedures operating in the buildings in which you attend classes and take the time to view the Emergency video.
Unit Outline: Semester 2 2025, Online
| Unit code: | LLB340 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB301 or LWB244. LLB301 can be enrolled in the same teaching period. |
| Anti-requisite: | LWB454 |
Overview
This unit examines the key common law and statutory principles regulating banking and finance practice in Australia. An understanding of the principles of banking and finance law will assist you to gain a more complete grasp of the legal system, particularly in a commercial context. Knowledge of the law as it applies to business and consumer banking provides the opportunity to develop your skills in a range of legal areas, as well as providing a solid foundation for those interested in working in this area of law and practice.
Learning Outcomes
On successful completion of this unit you will be able to:
- Explain the regulation of banking and finance law, including the place of banking and finance law in our legal system and in the context of related areas (Course Learning Outcomes 1.1, 1.4, 2.1)
- Apply the essential principles of banking and finance law to common transactions, including lender-customer contracts, to advise on possible outcomes (CLOs 1.1, 2.1, 2.2, , 4.1)
- Analyse and apply consumer law and regulation principles and policy relevant to financial services to provide practical advice for the resolution of real world problems (CLOs 1.1, 2.1, 2.2, 4.1, 5.1)
- Undertake research to solve problems within a banking and finance context and effectively communicate solutions to those problems (CLOs 2.3, 3.1, 3.2, 4.1, 4.2).
Content
This unit will cover the following topics:
- The Australian financial system
- Regulation of the Australian financial system
- Banking and finance concepts
- The banker-customer and lender-customer relationships and duties
- Payments
- Secured and unsecured lending
- Consumer protection
- Small business protection
Learning Approaches
This unit employs an active and collaborative approach to learning. It involves an online, self-paced learning practice and live workshops where you will learn from experts and your peers. Prior to workshops, you will be supported and engaged in this unit through the delivery of weekly snapshots of unit material, podcasts delivered by experts, interactive quizzes and other formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.
Your participation in this unit will include:
- Engagement with the online materials.
- Discussions on Canvas and in live workshops.
- Collaboration with peers and experts to network and share your understandings.
Feedback on Learning and Assessment
Feedback on the development of your understanding of the content learnt in this unit is provided through:
- formative activities on Canvas
- group and individual feedback in workshops
- individual written feedback on assessment
- generic feedback on assessment placed on the unit's Canvas site
- feedback through discussion forums on Canvas
- the option of private consultation with a member of the teaching team during semester.
Assessment
Overview
In this unit, you will be graded on a scale of one to seven.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Memorandum of advice
Acting as a legal expert, you will research and analyse banking and finance law and regulation policy to provide advice to a client for the resolution of a problem.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Examination
The open-book examination will assess your understanding of the unit content and your problem-solving skills.
Academic Integrity
Academic integrity is a commitment to undertaking academic work and assessment in a manner that is ethical, fair, honest, respectful and accountable.
The Academic Integrity Policy sets out the range of conduct that can be a failure to maintain the standards of academic integrity. This includes, cheating in exams, plagiarism, self-plagiarism, collusion and contract cheating. It also includes providing fraudulent or altered documentation in support of an academic concession application, for example an assignment extension or a deferred exam.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Breaching QUT’s Academic Integrity Policy or engaging in conduct that may defeat or compromise the purpose of assessment can lead to a finding of student misconduct (Code of Conduct – Student) and result in the imposition of penalties under the Management of Student Misconduct Policy, ranging from a grade reduction to exclusion from QUT.
Resources
Online resources for this unit are available on Canvas.
Resource Materials
Prescribed text(s)
Anton Didenko, Banking Law in Australia (LexisNexis Butterworths, 11th ed, 2024)
Commonwealth legislation, including Australian Securities and Investments Commission Act 2001 (Cth), Corporations Act 2001 (Cth), Banking Act 1959 (Cth), National Consumer Credit Protection Act 2009 (Cth). Students can access all relevant legislation through www.legislation.gov.au.
Recommended text(s)
Han-Wei Liu and Weiping He, Australian Banking and Finance Law and Regulation (Cambridge University Press, 2024)
Sheelagh McCracken, Everett and McCracken's Banking and Financial Institutions Law (Thomson Reuters, 9th ed, 2017)
Other
Students may also refer to articles in relevant journals, including Australian Business Law Review, Company and Securities Law Journal and Journal of Banking and Finance Law and Practice.
Risk Assessment Statement
There are no out-of-the-ordinary risks associated with lectures or tutorials in this unit. You should, however, familiarise yourself with evacuation procedures operating in the buildings in which you attend classes and take the time to view the Emergency video.