Unit Outline
BFA514
Commercial Law and Financial Services Regulation
Semester 1, 2024
John Streeter
Tasmanian School of Business & Economics (TSBE)
College of Business and Economics
CRICOS Provider Code: 00586B

Unit Coordinator
John Streeter
Email: John.Streeter@utas.edu.au
 

What is the Unit About?
Unit Description
This unit covers a range of interesting legal and financial planning regulatory topics. It teaches students how to analyse and solve legal problems and looks at the regulatory obligations that are imposed upon financial planners. It equips students with basic problem-solving techniques that are essential skills for those wishing to work in the field of financial planning. The unit combines topics that are necessary to build an understanding of how basic legal concepts impact and assist business organisations and individuals in business. This includes an examination of: the sources of law; how to read and understand legislation and case law; basic business; contract law principles, (including a consideration of terms in a contract and rights on breach of contract); liability in tort law; agency and consumer law; Australian corporate law and corporate governance principles. This unit also provides you with an introduction to the regulatory obligations of financial planners under the Corporations Act and other legislation and regulation that regulates providers of financial services and products. In financial planning, a great deal of time is spent on developing strategies so that individuals can accumulate wealth while they are alive. Much less time is spent on organising recognising the ongoing regulatory obligations.
Intended Learning Outcomes
As per the Assessment and Results Policy 1.3, your results will reflect your achievement against specified learning outcomes.
On completion of this unit, you will be able to:
1.
Analyse the sources of law and legal principles relating to business organisations, contract, tort and consumer law and explain how business organisations are formed and the responsibilities relating to the creation and operation of them.
2.
Critically reflect on the effectiveness of the various forms of business organisations and the functions of financial planning.
3.
Compose in written form, an analysis of issues of business and corporate law, financial planning and their applications.
4.
Appraise the regulation that applies to financial service providers (in relation to the provision of Financial Service Guides, Statements of Advice and Anti money laundering).
5.
Assess the requirements in relation to privacy legislation and the regulatory requirements for Tax advisors
Alterations as a result of student feedback
To Be Determined
 
 

Teaching arrangements
ATTENDANCE MODE
TEACHING TYPE
LEARNING ACTIVITY
CONTACT HOURS
FREQUENCY
On Campus
Workshop
Introductory 1-hr workshop, Week 1
1
Once only
Lecture (Online)
Pre-recorded 1-hr lecture, once a week
1
Weekly
Workshop
2-hr workshop, fortnightly, commencing in Week 2
2
1 time per fortnight
Other
5-hrs independent learning
5
Weekly
Online
Online Class
Introductory 1-hr workshop, Week 1
1
Once only
Independent Learning
Pre-recorded 1-hr lecture, once a week
1
Weekly
Online Class
1-hr workshop, weekly, commencing in Week 2
1
Weekly
Independent Learning
5-hrs independent learning
5
Weekly
Attendance / engagement expectations
If your unit is offered On campus, it is expected that you will attend all on-campus and onsite learning activities. This is to support your own learning and the development of a learning community within the unit. If you are unable to attend regularly, please discuss the situation with your course coordinator and/or our UConnect support team.

If your unit is offered Online, it is expected you will engage in all those activities as indicated in the Unit Outline, including any self-directed learning.

If you miss a learning activity for a legitimate reason (e.g., illness, carer responsibilities) teaching staff will attempt to provide alternative activities (e.g., make up readings) where it is possible.
 
The Tasmanian School of Business and Economics regularly hosts Masterclasses and Industry Engagement and Employability Events, which students are encouraged to attend. Registration and details will be available via the College of Business and Economics channel on the Uni App and/or via your Unit Coordinator. 
 
 

How will I be Assessed?
 
For more detailed assessment information please see MyLO.
Assessment schedule
ASSESSMENT TASK #
ASSESSMENT TASK NAME
DATE DUE
WEIGHT
LINKS TO INTENDED LEARNING OUTCOMES
Assessment Task 1:
Case study
Week 6
30 %
LO1, LO2, LO3, LO4, LO5
Assessment Task 2:
Assessment Task 3: Final Exam
Exam Period
40 %
LO1, LO2, LO3, LO4, LO5
Assessment Task 3:
Application questions
Refer to Assessment Description
30 %
LO1, LO2, LO3, LO4, LO5
 
Assessment details
    
Assessment Task 1: Case study
Task Description:
Case Study Report
This assessment is worth 30% of your total semester assessment.
This is an individual assessment task and consists of Two (2) questions. You will need to provide a written in-depth analysis of legal and financial planning issues faced by various forms of business organisations and in a given case study scenario. You will describe the sources of law and legal principles relating to business organisations, contract, tort, and consumer law and explain how business organisations are formed and the responsibilities relating to the creation and operation of them.

Further information will be provided on MyLO.

Task Length:
1500 words
Due Date:
Week 6
Weight:
30 %
 
CRITERION #
CRITERION
MEASURES INTENDED
LEARNING OUTCOME(S)
1
Identify and describe the law relating to business transactions and to various forms of business organisations.
LO1
2
Apply basic legal problem-solving techniques and legal rules to case studies to reach practical conclusions.
LO2, LO4
3
Evaluate the regulation and law that applies to financial service providers and taxation advisors.
LO4, LO5
4
Formulate a written legal and financial planning advice in the appropriate form.
LO3
 
Assessment Task 2: Assessment Task 3: Final Exam
Task Description:
This is an individual assessment task and is worth 40% of your total assessment.

The purpose of the final exam is to assess your understanding of the theories and legal concepts learned in the semester, as well as your competence in critiquing, reflecting upon and evaluating legal principles and the regulatory obligations imposed.

The final exam will consist of both short and long answer questions. The short answer questions involve the need to summarise, define and explain the concepts and theories acquired.
The long answer questions involve you providing legal and financial planning regulatory advice as required by the factual situations presented.

Further information will be provided on MyLO.

Task Length:
24 hours
Due Date:
Exam Period
Weight:
40 %
 
 

CRITERION #
CRITERION
MEASURES INTENDED
LEARNING OUTCOME(S)
1
Assess your understanding of the theories and legal concepts.
LO1, LO4, LO5
2
Critique legal principles and the regulatory obligations imposed.
LO2, LO3
 
Assessment Task 3: Application questions
Task Description:
This is an individual assessment task and is worth 30% of your total assessment.

Three (3) topic activities/questions due in Weeks 3, 5 & 8. The purposes of these activities/questions are to ensure you are preparing for workshops and are able to fully engage at workshops. We will formally assess your individual responses submitted to MyLO for a minimum of three sets of application questions (i.e., your responses to the questions from three different weeks). Further instructions will be provided by via MyLO. During each of these weeks you will submit your responses to a MyLO Assignment Submission folder, prior to Thursday 5 pm for the given week. Your responses to the application questions will be assessed on the following factors: 1. Complete the application questions to the best of your ability. You must work on the question responses independently. 2. Originality of your response. Responses copied directly from the textbook (rather than summarised in your own words) or from solution manuals will receive a reduced or zero mark. 3. Marks may be given for incorrect answers if they reflect thoughtfulness and are insightful. 4. Responses to the allocated application questions should be submitted to MyLO by Thursday 5.00 pm for the relevant week. You must submit your answers together with any supporting notes or calculations. This should be no more than 3 A4 pages in length. 5. You should attach your responses to the MyLO Application Questions Submission folder using one of the following formats: • A Microsoft Word Document. • A scan of your written work (in JPG/JPEG or PDF format).

Further information will be provided on MyLO.

Task Length:
Refer to the assessment description.
Due Date:
Refer to Assessment Description
Weight:
30 %
 
CRITERION #
CRITERION
MEASURES INTENDED
LEARNING OUTCOME(S)
1
Analyse the law relating to business transactions and to various forms of business organisations.
LO1
2
Apply basic problem-solving techniques and legal rules and regulations to case studies to reach practical conclusions.
LO2, LO4
3
Evaluate the regulation and law that applies to financial service providers and taxation advisors
LO4, LO5
4
Construct a written legal and financial planning advice report.
LO3, LO5
 
 
 

How your final result is determined
To pass this unit, you need to demonstrate your attainment of each of the Intended Learning Outcomes, achieve a final unit grade of 50% or greater, and pass any hurdle tasks.
 
Submission of assignments
Where practicable, assignments should be submitted to an assignment submission folder in MYLO. You must submit assignments by the due date or receive a penalty (unless an extension of time has been approved by the Unit Coordinator). Students submitting any assignment in hard copy, or because of a practicum finalisation, must attach a student cover sheet and signed declaration for the submission to be accepted for marking.
 
Requests for extensions
If you are unable to submit an assessment task by the due date, you should apply for an extension.
 
A request for an extension should first be discussed with your Unit Coordinator or teaching support team where possible. A request for an extension must be submitted by the assessment due date, except where you can provide evidence it was not possible to do so. Typically, an application for an extension will be supported by documentary evidence: however, where it is not possible for you to provide evidence please contact your Unit Coordinator.
 
The Unit Coordinator must notify you of the outcome of an extension request within 3 working days of receiving the request.
Late penalties
Assignments submitted after the deadline will receive a late penalty of 5% of the original available mark for each calendar day (or part day) that the assignment is late. Late submissions will not be accepted more than 10 calendar days after the due date, or after assignments have been returned to other students on a scheduled date, whichever occurs first. Further information on Late Penalties can be found on the Assessments and Results Procedure.
 
Review of results and appeals
You are entitled to ask for a review of the marking and grading of your assessment task if there is an irregularity in the marking standards or an error in the process for determining the outcome of an assessment. Details on how to request a review of a mark for an assignment are outlined in the Review and Appeal of Academic Decisions Procedure.
 
 
 

Required Resources
Required reading materials
Business Law (sixth edition) by James and Thomas (2022) Wiley
 
Recommended reading materials
Financial Planning Essentials (First edition) by McKeown et al (2021) Wiley
 
Other required resources
In addition to the texts (or software) recommended above, students are also expected to be familiar with the key academic journals in the discipline from which useful insights may be derived. In particular, students are encouraged to review regularly the relevant papers that are published in:

Financial planning is a dynamic area. Students are therefore urged to follow current events and developments in finance in the press. This includes reading the following periodical regularly (look for special student offers):

The Australian Financial Review (www.afr.com),
The Economist (www.economist.com),
The Financial Times (www.ft.com),
The Wall Street Journal (www.wsj.com).

There are many resources on the web, but be aware not all of them are worthwhile. Consult the leading textbooks for references.

Among academic journals look in Journal of Finance, Journal of Applied Corporate Finance, Accounting and Finance, and other journals that can be found in the library.