UnitLevel 5Postgraduate

LAW5394 Banking law

Faculty of Law

LAW5394 Banking law is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law. It isn't offered in 2025. It has no prerequisites.

Credit points
6
Offered in 2025
Other periods
Monash Law Chambers
Assessment
No exam
3 tasks

This is the 2025 handbook entry. See the 2027 entry.

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Requisites

Before LAW5394

Prohibitions

You can't enrol if you have passed any of these.

After LAW5394

No unit lists LAW5394 as a prerequisite in the 2025 handbook.

Enrolment rules

For Legal Studies students (L4004, L5004, L6013) you must have completed LAW5000 or LAW5081
and
For Juris Doctor students (L6005), you must have completed 72 credit points of study.

Overview

This unit 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). Key topics to be covered will include an overview of banking, the theoretical basis for regulation and supervision of banking, the history of and constitutional basis for Australian regulation, prudential supervision of banks, licensing of banks and other financial services firms, 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, Australian payment system regulation, current policy issues with banking and payment systems, banker/customer relationship (including confidentiality), law and policy issues with lending and security, and regulation of credit and credit providers.

Offerings in 2025

Teaching periodCampusMode
Trimester 2Monash Law ChambersOn campus, block

Assessment

  • Class participationDemonstration
    10%
  • Legal MemorandumWritten
    30%
  • Research presentationPresentation
    60%

Learning outcomes

When you finish this unit, you should be able to:

  1. 1

    Apply knowledge and understanding of recent developments in relation to banking law with creativity and initiative to new situations in professional practice;

  2. 2

    Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to banking law;

  3. 3

    Conduct research in banking law based on knowledge of appropriate research principles and methods; and

  4. 4

    Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to banking law.

Workload and teaching

  • Workshops24 hours
  • Teaching approachActive learning

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Learning resources

Required resources

See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.

Where it fits

LAW5394 is part of 1 area of study in the 2025 handbook.

Contacts

Chief Examiners
Dr Steve Kourabas

Common questions

What are the prerequisites for LAW5394?

LAW5394 has no prerequisites, but enrolment rules apply.

When is LAW5394 offered?

LAW5394 has no offerings listed in the 2025 handbook.

Does LAW5394 have an exam?

No. LAW5394 has 3 assessment tasks and no exam.

Which majors and minors include LAW5394?

LAW5394 is part of Commercial and corporate law.

More details

Credit points
6
Level
5
Study level
Postgraduate
Faculty
Faculty of Law
Type
Coursework
EFTSL
0.125
Student contribution
SCA Band 4
Study abroad
Available