Course Title: Read and interpret a legal document and provide advice
Part B: Course Detail
Teaching Period: Term2 2017
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 1.2 Identify the function and significance of the document in the conveyancing transaction |
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 10.2 Despatch correspondence to client confirming the advice given in relation to the document and instructions received 10.3 If the document is not signed in the conveyancer's office, include, in correspondence dispatched to client, clear and concise instructions on signing and witnessing the document |
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 2.2 Identify rules governing construction and interpretation of contracts and other legal documents 2.3 Identify rules for use of precedents, standard form contracts, and statutory forms 2.4 Conduct appropriate legal research, as required |
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 3.2 Identify terms essential to protect the client's interests 3.3 Identify non-legal interests and other needs 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 4.2 Check annexures to the document for accuracy and relevance 4.3 Check the document or an annexure for compliance if it is required to comply with a procedural or formal requirement 4.4 Check the document or annexure for compliance with statutory and practice requirements if it comprises a statutory or prescribed form 4.5 Identify information to be obtained from or provided to third parties or other professionals in relation to the document |
Element: |
5 Examine document |
Performance Criteria: |
5.1 Closely examine the document and interpret and analyse relevant legal principles and key terms 5.2 Identify and assess rights, responsibilities and liabilities of all parties, expressed or implied in the document 5.3 Identify any lack of conformity with client's initial instructions and any gaps, lack of certainty or ambiguity in the language 5.4 Identify any non-compliance with legal principles within the document |
Element: |
6 Evaluate issues |
Performance Criteria: |
6.1 Assess legal and non-legal issues and risks to the client arising from the document 6.2 Interpret extent to which the document does or does not protect the interests of the client 6.3 Interpret key terms or points for negotiation with third parties or other professionals |
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 7.2 Summarise and clearly communicate legal and non-legal issues and risks arising from the document to 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 8.2 Summarise and clearly communicate legal and non-legal consequences for each alternative to the client 8.3 Assist client in selecting a course of action |
Element: |
9 Attending to signing the document |
Performance Criteria: |
9.1 Identify statutory and other rules governing signing and witnessing of documents, including deeds 9.2 Apply relevant rules governing signing and witnessing of documents in the execution of the document by the client |
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
The Teaching Schedule for this course is as follows:
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:
o Recognition of Prior Learning and Credit Transfers
o Assessment of current skills and knowledge
- Competency/Grading Criteria
- Plagiarism
- Appeals
- Extensions
- Feedback
- Privacy
- Submission requirements
- Resubmission policy
- Where to get support
- Student Charter
The nominal hours associated with this 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
Note: LAW5727C Read and Interpret a Legal Document is co-delivered and co-assessed with LAW5729C Prepare Legal Documents
Week |
Topic |
Assessment |
Week 1 – 4 Jul |
Development of multiple ownership: company share, stratum titles, strata & cluster titles |
Joint class from 5.30 to 7.30 |
Week 2 – 11 Jul |
Subdivision process |
|
Week 3 – 18 Jul |
Selling lots on a plan of subdivision S. 32 requirements |
|
Week 4 – 25 Jul |
Selling lots on a plan of subdivision Contract requirements |
|
Week 5 – 1 Aug |
General and Special conditions |
Assessment 1 – part 1Advice on s.32 aspects of off the plan contract 15% |
Week 6 – 8 Aug |
Owners’ Corporation part 1 |
|
Week 7 – 15 Aug |
Owners’ Corporation part 2 |
|
Week 8 – 22 Aug |
Stamp Duty and Land Tax; GST & CGT |
|
Mid Semester Break (Student Vacation) – Aug 28 - Sept 1 (does not match school holidays) | ||
Week 9 – 5 Sept |
Industry presentations – joint class Joanne and Paul |
Assessment 1 - part 2 Contract off the Plan letter assignment due 35% |
Week 10 – 12 Sept |
Finish GST; Investigating Title and exceptional parties. |
|
Week 11 – 19 Sept |
Sale of Business part 1 |
|
Week 12 – 26 Sept |
Sale of Business, Part 2 |
|
Week 13 – 3 Oct |
Sale of Business, Part 3 |
Assessment 2 -sale of business advice letter due 30% |
Week 14 – 10 Oct |
Jo’s final test |
|
Week 15 – 17 Oct |
Revision Paul’s short test topics weeks 8 & 10 |
Assessment 3 Short test 20% |
Week 16 – 24 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
Off the plan s.32 advice part 1 WEEK 05 15%
Off the Plan contract advice part 2 assignment WEEK 09 35%
Sale of business advice letter WEEK 13 30%
In Class test WEEK 15 20%
100%
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.
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 (VE Programs):
You must satisfactorily complete all assessment tasks in order to achieve competency.
If an 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 within the current semester.
If your resubmission is 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.
If your resubmission is deemed satisfactory then you may still achieve competency for the course, provided that all other assessment tasks are satisfactorily completed. Further, if this satisfactory resubmission is of a task that contributes to the overall grading of this course, then it shall only be entitled to receive a score that equates to 50% of the total marks allocated for that task.
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)
This course is graded. However, 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 (all assessment tasks submitted) |
DNS |
Did Not Submit (one or more assessment tasks not submitted) |
Further details regarding the application of the grading criteria will be provided by your teacher.
Course Overview: Access Course Overview