FinTech and Payments Law (LAWS90237)

Graduate courseworkPoints: 12.5Not available in 2025

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Overview

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This subject deals with the law governing financial transactions and payments. As a result of ongoing technological innovation, particularly in areas such as digital payments and distributed ledger technology, the way in which financial transactions are classified for legal and regulatory purposes is being radically transformed. This has created challenges for law and regulation and has led to innovative ways of designing and executing financial transactions. It has also led to new players in the form of financial technology ‘Fintech’ companies.

This subject is designed to provide students with advanced knowledge of the legal and regulatory issues concerning the execution of financial transactions, including payment methods, and the challenges brought about by technological innovation.

Indicative list of principal topics:

  • The financial regulatory system in Australia, including the agencies that are responsible for regulating financial transactions and the payments system
  • The law governing financial transactions, including execution, clearing and settlement
  • Payment methods and devices, including traditional methods such as bills of exchange and modern devices such as electronic payments
  • Digital assets, including cryptocurrencies
  • Anti-money laundering (AML) regulation and transaction reporting
  • Cybersecurity issues applying to financial transactions
  • The impact of innovation and financial technology

Intended learning outcomes

On completion of this subject, students should be able to:

  • Examine and explain the regulation of financial transactions, including payment systems, in Australia and overseas
  • Critically analyse, interpret and assess the legal and regulatory rules applicable to financial transactions
  • Discuss legal concepts, debate current issues in law and respond clearly, persuasively and appropriately to emerging and contemporary issues in the field, including digital payments and Fintech, digital assets and cybersecurity, and the ongoing challenges facing Australia and other jurisdictions
  • Generate critical and creative ideas relating to financial transactions and their operation and regulation in modern financial markets
  • Clearly and persuasively articulate and convey complex information regarding financial transactions and technological innovation in this area.

Generic skills

  • Mastery of principal areas of law and regulation as they relate to financial transactions and the way in which financial transactions are executed;
  • Expert, specialised cognitive and technical skills for critical and independent thought and reflection in the context of financial transactions;
  • Problem-solving skills, applied to the critical evaluation of new applications and research relevant to technologies affecting financial transactions; and
  • The ability to expertly communicate specialised and complex information, ideas, concepts and theories relevant to financial transactions and technological innovation from a global perspective.

Last updated: 4 March 2025

Eligibility and requirements

Prerequisites

None

Corequisites

None

Non-allowed subjects

None

Recommended background knowledge

Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers.

Inherent requirements (core participation requirements)

The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.

Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home

Last updated: 4 March 2025

Assessment

DescriptionTimingPercentage

Class participation

Throughout the teaching period10%

Online contributions

Throughout the teaching period20%

Option 1: Take-home examination

  • 4000 words
5 - 8 December 202570%

Option 2: Research paper (on a topic approved by the Subject Coordinators)

  • 6000 words
17 December 202570%
Hurdle requirement: A minimum of 75% attendance is required.Throughout the teaching periodN/A

Additional details

Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.

Last updated: 4 March 2025

Quotas apply to this subject

Dates & times

Not available in 2025

What do these dates mean

Visit this webpage to find out about these key dates, including how they impact on:

  • Your tuition fees, academic transcript and statements.
  • And for Commonwealth Supported students, your:
       -  Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
     

    Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.

Additional delivery details

Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, subject quotas and waitlists. 
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options. 

Last updated: 4 March 2025

Further information

Last updated: 4 March 2025