Course Title: Take instructions in relation to a transaction

Part B: Course Detail

Teaching Period: Term1 2016

Course Code: BUSM7919C

Course Title: Take instructions in relation to a transaction

School: 650T Vocational Business Education

Campus: City Campus

Program: C5337 - Diploma of Conveyancing

Course Contact: Robert Sheen

Course Contact Phone: +61 3 9925 5759

Course Contact Email: robert.sheen@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Nominal Hours: 120

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

None

Course Description

This unit describes the skills and knowledge required to take instructions from a potential client in order to initiate a real estate, business or personal conveyancing transaction.

It applies to individuals who communicate with clients to establish the client’s needs, and identify conflicts of interest, parties, properties and other interests, and determine terms of engagement and contingency strategies.

Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. Refer to the relevant regulator for specific guidance on requirements.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BSBCNV501 Take instructions in relation to a transaction

Element:

1 Establish the client’s needs

Performance Criteria:

1.1 Identify, clarify and assess client needs and expectations in accordance with the practice’s policy and procedures
1.2 Determine and discuss optional courses of action with client
1.3 Check information in relation to the transaction for accuracy and relevance
1.4 Obtain mutual agreement regarding responsibilities, obligations and expectations of all parties to the transaction
1.5 Record and document client's needs and responsibilities promptly and accurately

Element:

2 Identify any conflict of interest

Performance Criteria:

2.1 Identify and record existing or potential conflicts of interest associated with the transaction
2.2 Assess conflicts of interest to determine appropriate action for the client and practice, and promptly advise client of any necessary action

Element:

3 Identify parties, properties and other interests

Performance Criteria:

3.1 Accurately identify and explain the roles of various parties involved in the conveyancing transaction
3.2 Analyse and explain estates and interests in the property of the relevant transaction
3.3 Analyse documentation and titles to confirm facts pertaining to the transaction
3.4 Communicate accurately to the client the title and contract details and respective consequences

Element:

4 Determine terms of engagement

Performance Criteria:

4.1 Determine appropriate terms of engagement which comply with legislative, regulatory and practice requirements and articulate to client clearly and promptly
4.2 Establish and record client’s agreement with terms
4.3 Obtain authorities from client and other relevant parties
4.4 Check estimates of fees, disbursements and time for accuracy and completeness and provide to client

Element:

5 Determine contingency strategies

Performance Criteria:

5.1 Assess contingencies relating to the transaction and advise the client
5.2 Determine contingency strategies and options and agree in consultation with client

Element:

6 Initiate the transaction

Performance Criteria:

6.1 Select a course of action which meets the client’s needs and complies with legislative requirements and with the policies and procedures of the practice
6.2 Advise client of all actions to be implemented to meet their agreed needs and expectations
6.3 Confirm and promptly record instructions from client to proceed or not to proceed
6.4 Make referrals to other professionals or third parties where appropriate
6.5 Formally open, organise and document all relevant instructions, information, facts and evidence in client file


Learning Outcomes



Details of Learning Activities

A range of learning activities are planned for this course including self-paced and collaborative classroom-based activities.

The self-paced activities will be delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.

The collaborative classroom-based activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment.

We expect you to participate and contribute in all scheduled learning activities.
 


Teaching Schedule

Induction Session

Prior to training commencement a program level induction session will be conducted that comprises the following:

  • Program overview and requirements
  • MyRMIT/Blackboard
  • Overview of assessment requirements
  • Pre-Training Review including:
    • Recognition of Prior Learning and Credit Transfers
    • Assessment of current skills and knowledge
  • Competency/Grading Criteria
  • Plagiarism
  • Appeals
  • Extensions
  • Feedback
  • Privacy
  • Submission requirements
  • Re submission policy
  • Where to get support
  • Student responsibilities 

 The Teaching Schedule for this course is as follows. (Please note that this schedule is subject to change)

     Week Week CommencingTopics                                                             Assessment   
109/02/16
  • Introduction t the course including
  • Course requirements
  • Course support documents
  • course blackboard access
  • Accuracy of enrollment
  • Assessment requirements cover sheets
  • Plagiarism
  • Appeals
  • submission requirements
  • extensions re submissions
  • feedback in this course
  • getting help
  • Orientation LIBRARY demonstration
  • Property law Intro examine practice documents
 
216/02/16 Interest in Land fixtures and chattels 
323/02/16 Co-ownershipTask 1 will be made available in learning hub
401/03/16 Title systems and Torrens title 
508/03/16 Torrens system: legislation & cases 
615/03/16 Adverse Possession Task 2 will be made available in learning hub
7a21/03/16 Mortgages 
 24/03/16 - 30/03/2016 ***Mid-Semester Break*** (No scheduled classes) Task 1 Assignment Reflection 1 - Adverse possession due.
7b31/03/ & 1/04/16 Self directed learning - Teacher Professional Day 
805/04/16 Mortgages 
912/04/16 Leases and Tenancies 
1019/04/16 Leases and Tenancies 
1126/04/16 Easements & Covenants 
123/05/16 Easements & Covenants 
1310/05/16 Revision 
1417/05/16 Supervised AssessmentTask 3 in class supervised assessment
1524/05/16  
1631/05/16  

The nominal hours associated with this course are a guide only and represent the total teaching time and student effort required to successfully complete the course. This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.


Learning Resources

Prescribed Texts

Davies Chris, Property Law Guidebook, 2010 Oxford University Press

9780195565485

Libbis, Simon Conveyancing Victoria, The Ultimate Guide, 2015 Hybrid Press


References


Other Resources


Overview of Assessment

In order to achieve competency in this unit, you must provide:

Performance Evidence
Evidence of the ability to:

  • communicate effectively with a client and identify their needs
  • accurately interpret and document parties, properties and other interests and legal consequences
  • determine terms of engagement and contingency strategies
  • accurately record client details and requirements and initiate a transaction compliant with the practice’s policy and procedures and relevant legislation.

Knowledge Evidence
To complete the unit requirements safely and effectively, you must:

  • identify and explain key business principles and law applicable to take instructions for conveyancing, business and personal transactions
  • explain current definitions of conflict of interest within legislation and the industry, with examples of conflict of interest situations in a conveyancing transaction
  • identify and explain key current legislative, regulatory and industry practices, procedures and services
  • identify and describe key policies, procedures and business requirements of the practice
  • explain a range of professional and industry terminology
  • identify and discuss relevant consumer protection compliance and any legal consequences
  • identify and categorise relevant types of contract titles and other required documentation
  • compare and contrast types of transactions for personal, business or real estate conveyancing.

Assessment Conditions
Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the conveyancing field of work and include access to:

  • common office equipment, technology, software and consumables
  • suitable assessment records showing the establishment of a conveyancing client.              

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.

Feedback
Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.

You should take note of all feedback received and use this information to improve your learning outcomes and final performance in the course. Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.


Assessment Tasks

This course is co-delivered and co-assessed with the following competencies: LAW5731C Apply Property Law principles
 

The assessments for this course have been designed to allow participants to apply their learning to particular simulated work scenarios and demonstrate their competence in a variety of ways.

 

 

Task 1 – Assignment Reflection 1 (Due Week 7)


For this assessment you will be required to create a memorandum reflecting on the topic of adverse possession based on the topics covered in weeks 1 - 3. In your reflection you will need to analyse the law(s) including relevant precedents to demonstrate your understanding of the topic. You will also need to present your view(s) as to whether the relevant law(s) should be reviewed and/or amended in the future. The memorandum should be concise and not exceed 750 words. 

Task 2 – Assignment Reflection 2 (Due Week 12)


For this assessment you will be required to create a memorandum reflecting on the topic of mortgages and the power of sale of the mortgagee based on the topics covered in weeks 6 - 8. In your reflection you will need to analyse the law(s) including relevant precedents to demonstrate your understanding of the topic. You will also need to consider whether a mortgagee can justify selling at a price sufficient to cover the amount outstanding by the mortgagor under the mortgage . The memorandum should be concise and not exceed 750 words.

 

Task 3 - In Class Supervised Assessment (Due Date Week 14)

For this Assessment Task you are required to demonstrate your skills and knowledge by completing an open book one and half hour in class supervised assessment comprised of multiple choice, short answers, true/false and workplace scenario analytical case studies. This assessment covers all the topics from weeks 1 – 14. In this assessment you will be required to demonstrate the following learning outcomes:

a) Establish the client’s needs
b) Identify any conflict of interest
c) Identify parties, properties and other interests
d) Determine terms of engagement
e) Determine contingency strategies
f) Initiate the transaction

 You must satisfactorily complete all assessment tasks in order to achieve competency

Feedback

Feedback will be provided throughout the semester.  You are encouraged to ask and answer questions during class time and outside of class time so that you can obtain feedback on your understanding of the concepts and issues being discussed.  Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.

.


Assessment Matrix

Other Information

Submission Requirements

You should:

• Ensure that you submit assessments on or before the due date.
• Always retain a copy of your assessment tasks (both hard copy and soft copy).
• Use a cover sheet that includes a declaration and statement of authorship when you submit work for assessment at RMIT University. You must complete, sign and submit a cover sheet with all work you submit for assessment, whether individual or group work. On the cover sheet you must declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of each assessment task is available on Blackboard.
• Include a footer (appearing on each page of your assessment) with your name, student number, assessment title, course code, course title and page numbers. For example, Callie Harvey, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.


Late Submission Procedures

You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.

If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days. For more Information go to: http://www.rmit.edu.au/students/assessment/extension

The application form may be obtained from: http://mams.rmit.edu.au/seca86tti4g4z.pdf

Where an extension of greater than seven days is needed, you must apply for Special Consideration. Applications for Special Consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination. For more Information go to: http://www.rmit.edu.au/browse;ID=g43abm17hc9w

The application form may be obtained from: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf


Resubmissions (VET Programs):

If your Course Assessment Task is assessed as not yet satisfactory, you will be allowed one resubmission opportunity only. Your teacher will provide feedback detailing what you need to do in order to satisfactorily complete that task, and will set a new deadline for the resubmission. The highest score you may receive if your resubmission is deemed satisfactory is 50% of the total marks allocated for that task.

If your task is still deemed to be not yet satisfactory then you must apply in writing to your Program Manager outlining the steps you will take to demonstrate competence in that course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as practical.


Adjustments to Assessment

In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which an adjustment to the assessment arrangements might be granted please access the following website: http://rmit.edu.au/browse;ID=7usdbki1fjf31


Marking Guide (Competency):

You must demonstrate through your performance in the Course Assessment Tasks that you have all the required skills and knowledge as specified in the unit of competency (course) you are studying,

Your submitted assessments are the evidence used to determine if you have met all critical aspects of the assessments, and if any critical aspects have not been met, then you cannot be deemed competent in this course.

On each assessment task you will receive feedback against the competency requirements for that task, and the outcome of the task will be recorded as either satisfactory (all requirements have been met) or not yet satisfactory (one or more requirements has not yet been met).

Only when all assessment tasks have been assessed as satisfactory will you be deemed competent in this course.


Marking Guide (Grading)

Only after achieving competency in this course will you receive a grade corresponding to your level of performance in the course. 

The reported Final Grade will be one of the following:

CHD Competent with High Distinction
CDI Competent with Distinction
CC Competent with Credit
CAG Competency Achieved – Graded
NYC Not Yet Competent
DNS Did Not Submit for assessment

Further details regarding the application of the grading criteria will be provided by your teacher.
 

Course Overview: Access Course Overview