This course provides students with an overview of the Australian legal system and the legal framework regulating business and provision of financial services. Students will be equipped with a thorough knowledge of the relevant regulatory institutions, legal framework, sources of liability, and relevant statutory and case law. This course will introduce the Australian legal system, the law of contracts, torts, consumer protection, business structures, and corporate law and will focus on the regulation of financial services and markets, licencing, supervision, restriction on the use of terminology, licensees' discolsure obligations, the best interest obligation, remuneration, other conduct requirements for licensees, financial product discolsure requirements, market misconduct and other prohibited conduct, and breach and enforcement of obligations.
LEGL6006 Financial Service Regulations and Law is a Financial Adviser Standards and Ethics Authority (FASEA) accredited Bridging Unit for inclusion in the Corporations (Relevant Providers Degrees' Qualifications and Course Standards) Determination 2018 Legislative Instrument.
Not currently offered.
On successful completion of the course students will be able to:
1. Demonstrate an understanding of the Australian legal system, its legal sources, the court system, the law-making process, and the main rules of statutory interpretation.
2. Demonstrate an understanding of underlying principles of contract law, the law of torts and negligence, the consumer protection law, the basic business structures, and corporate finance law.
3. Identify the main legal issues in the provision of financial services with a focus on the Corporations Act 2001 Chapter 7, ASIC Regulations, case law, Anti-Money Laundering and Counter-Terrorism Financing Act 2006, Privacy Act 1988, and Tax Agent Services Act 2009.
4. Identify and apply the regulatory framework for the provision of financial services in order to create persuasive factual and legal arguments in problem-solving tasks.
5. Present the results of their analysis in writing in a logical manner.
The course will cover the following content:
- The Australian legal system, the legal sources
- Contract and consumer protection law
- The law of agency and business structures
- Tort law and negligence and corporate law
Financial Services and Markets:
- The Corporations Act 2001 - Chapter 7
- Licencing of financial markets
- Regulation of financial markets
- Licencing of providers of financial services
Obligations of Licensees and Providers
- Restrictions, disclosure obligations, and the best interest obligation
- Prohibited conduct relating to financial products and services
- Other regulation of financial services and services including privacy regulation, tax agent services, ASIC, FASEA, and anti-money laundering and counter-terrorism financing law
Quiz: 3 x Multiple Choice Question Tests (15% each = 45%)
Written Assignment: In-class Group Written Assignment (20%)
Written Assignment: Take-home Final Individual Written Assignment (35%)