The Law Relating to Banker and Customer

The Law Relating to Banker and Customer

By Gregory Burton SC, Prudence Weaver, Gerard Breen, Alan Tyree


Price: N/A

Date: 10/12/2001

Code: 41167538

Lawbook Co., AUSTRALIA

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The Law Relating to Banker and Customer

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"Weaver & Craigie" represents the accumulation of four generations of distinguished scholarship on banking law in Australia. It is imbued with not only the law but also the lore on the subject. This service strikes a balance in a field where "traditional" categories of "banking law" in payment and credit are now the domain of many financial institutions and the "traditional" banks themselves provide a range of services beyond the traditional categories and continue to expand the range of such services.

The Banking & Finance Reports Australia (BFRA), takes a broad view of what constitutes a banking and finance case and offers a compilation for the convenience of practitioners. The cases reported raise issues that are important for banking and finance law and are covered within the commentary of the service. All cases reported include a specially prepared headnote focusing on the specific banking and finance issues raised, prepared by practitioners experienced in banking, finance, insolvency and related areas.

Decisions from all jurisdictions are included, with coverage including the High Court, Federal Court, Federal Magistrates Court and the State Supreme Courts. Decisions of single judges are included as well as those of appeal courts. It contains cases that are not otherwise reported, as well as specialist consideration and interpretation of cases .

In the coverage of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), the authors noted that money laundering is not a new problem. However, the structured approach to detection and prevention is a recent development. The same approach has been directed toward discovering and intercepting terrorist financing. The approach to money laundering and terrorist financing is a two-tiered one and this is further outlined in the commentary.

Further developments to the online service has been the introduction of a “Breaking News” feature, which publishes current news including topical discussion papers, up-to-date information on Bills before Parliament and relevant media releases.

Table of Contents

The third edition work combines detailed commentary on established and emerging areas of the law regarding banking and finance, as well as reproducing the relevent legislation and non-statutory materials such as the Code of Banking Practice 2003 which commenced August 2003.

The fifteen chapters in the work, each with their own blue tabcard, deal with the following subjects:
The Australian financial system: law, practice, regulation, institutions
Financial institution and customer: basic principles
Financial institution and customer: accounts and types of customer
Payment, credit and exchange mechanisms
Consumer payment and finance
Negotiable instruments: bills and notes; trade and finance applications
Negotiable instruments: cheques
Financial institutions paying and collecting cheques
Mistaken transactions
Business finance facilities
Mortgages and charges
Securities: enforcement and relief
Documentary credits and other independent payment obligations

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