Course Title: Read and interpret a legal document and provide advice
Part B: Course Detail
Teaching Period: Term2 2016
Course Code: LAW5727C
Course Title: Read and interpret a legal document and provide advice
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
Course Coordinator:
Paul Ryan
9925 5644
paul.ryan@rmit.edu.au
Building 80, Level 5, Room 18-008
Nominal Hours: 80
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 read and interpret a legal document and provide advice to a conveyancing client within a range of contexts and environments. It encompasses defining the nature and function of the document in the transaction and advising the client about their rights, obligations and alternative courses of action, if required.
It applies to individuals who apply specialised knowledge and pay close attention to detail when interpreting and analysing complex legal documentation and providing advice to others.
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: |
BSBCNV502 Read and interpret a legal document and provide advice |
Element: |
1 Define nature of document |
Performance Criteria: |
1.1 Define the nature of the legal document |
Element: |
10 Document advice |
Performance Criteria: |
10.1 Prepare a file note recording the substance and details of the advice given to the client and the instructions received |
Element: |
2 Identify relevant legal principles |
Performance Criteria: |
2.1 Identify statutory and general law principles governing the document and its function in the conveyancing transaction |
Element: |
3 Identify interests of client |
Performance Criteria: |
3.1 Identify legal interests of the client in relation to the subject matter of the document |
Element: |
4 Check document for accuracy |
Performance Criteria: |
4.1 Check parties, property, information and factual details for accuracy and relevance |
Element: |
5 Examine document |
Performance Criteria: |
5.1 Closely examine the document and interpret and analyse relevant legal principles and key terms |
Element: |
6 Evaluate issues |
Performance Criteria: |
6.1 Assess legal and non-legal issues and risks to the client arising from the document |
Element: |
7 Advise client |
Performance Criteria: |
7.1 Summarise and clearly communicate rights, responsibilities and liabilities of all parties to the client, including specific rights of the client |
Element: |
8 Clarify instructions |
Performance Criteria: |
8.1 Determine and discuss alternative courses of action with the client where it is considered the document does not adequately protect the interests of the client, or meet the client’s other needs |
Element: |
9 Attending to signing the document |
Performance Criteria: |
9.1 Identify statutory and other rules governing signing and witnessing of documents, including deeds |
Learning Outcomes
Details of Learning Activities
Teaching Schedule
Note: LAW5727C Read and Interpret a Legal Document is co-delivered and co-assessed with LAW5729C Prepare Legal Documents
Week |
Topic |
Assessment |
Week 1 – 5 Jul |
Sale of Business part 1
|
Task 1 Assignment discussed |
Week 2 – 12 Jul |
Sale of Business part 2
|
|
Week 3 – 19 Jul |
Sale of Business part 3
|
|
Week 4 – 26 Jul |
Development of multiple ownership: company share, stratum titles, strata & cluster titles |
|
Week 5 – 2 Aug |
Subdivision process |
Sale of Business Assignment due (30 marks). Task 2 Assignment discussed. |
Week 6 – 9 Aug |
Selling lots on a plan of subdivision S. 32 requirements |
|
Week 7 – 16 Aug |
Selling lots on a plan of subdivision Contract requirements |
|
Week 8 – 23 Aug |
General and Special conditions |
|
Mid Semester Break (Student Vacation) – Aug 29-Sept 2 (does not match school holidays) | ||
Week 9 – 6 Sept |
Owners’ Corporation part 1 at 7.30 pm |
|
Week 10 – 13 Sept |
Owners’ Corporation part 2 |
|
Week 11 – 20 Sept |
Investigation of title & exceptional parties to contracts |
Assessment 2 off the plan letter assignment (50 marks) |
Week 12 – 27 Sept |
Stamp duties & Land Tax |
|
Week 13 – 4 Oct |
GST & CGT in Conveyancing |
|
Week 14 – 11 Oct |
Revision & short in class test |
Short test topics from weeks, 11, 12 & 13 (20 marks) |
Week 15 – 18 Oct |
Jo’s final test |
|
Week 16 – 25 Oct |
Eligible Resits/ Special Consideration- Resubmissions |
|
Learning Resources
Prescribed Texts
References
Other Resources
Students must keep abreast of more recent changes via the electronic notes, lecture outlines, prescribed readings, cases and articles, available on the HUB/ Blackboard. The Sale of Land Act, Subdivision Act, 1988 and Owners Corporation Act, 2005 will be discussed in class. Please download and print sections as needed, or purchase a copy and have in class by week 4. Legislation in hard copy can be purchased from Law Institute bookshop or Information Victoria
Overview of Assessment
In order to achieve competency in this unit, you must provide:
Performance Evidence
Evidence of the ability to:
- review and interpret legal documents correctly and explain meanings and implications to clients
- compare legal requirements with client instructions
- prepare relevant, accurate and timely written and/or verbal advice to clients
- oversee a legal document signing
- maintain accurate and thorough records.
Knowledge Evidence
To complete the unit requirements safely and effectively, you must:
- identify and explain key business principles and law applicable to reading and interpreting legal documents and transactions, including legislative and general law (common law and equity) principles
- identify and explain types of:
- transactions for personal, business or real estate conveyancing
- contracts and other documents used in conveyancing
- identify and explain key current legislative, regulatory and industry practices, procedures and services
- identify and describe key insurance requirements relevant to a conveyancing transaction
- explain, using simple vocabulary, a range of:
- words, phrases and terms of conditions
- professional and industry terminology
- particular words or terms that could cause problems (e.g. shall/may/must/will)
- identify and describe key policies, procedures and business requirements of the practice
- identify and apply relevant consumer protection compliance
- identify, describe and apply rules and procedures:
- precedents and statutory forms
- construction and interpretation of documents.
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 preparation of a variety of legal documents to support a conveyancing transaction.
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.
Assessment Tasks
Note: LAW5727C Read and Interpret a Legal Document is co-delivered and co-assessed with LAW5729C Prepare Legal Documents
Assessment Tasks
Sale of business assignment WEEK 5 30%
Off the Plan assignment WEEK 11 50%
In Class test WEEK 14 20%
100%
To pass this course students must satisfactorily complete all assessment and have a total mark of not less than 50%. Assessment will be graded according to the following mark table, after competency is achieved:
0-49 |
Not Yet Competent - NYC |
50-59 |
Pass - CAC |
60-69 |
Credit - CC |
70-79 |
Distinction - CDI |
80-100 |
High Distinction - CHD |
Assessment Matrix
Course Overview: Access Course Overview