Course Title: Prepare legal documents

Part B: Course Detail

Teaching Period: Term2 2016

Course Code: LAW5729C

Course Title: Prepare legal documents

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 prepare legal documents to support a conveyancing transaction on behalf of a client.

It applies to individuals who use organisational skills to analyse and prepare legal documents suitable for purpose.

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:

BSBCNV504 Prepare legal documents

Element:

1 Determine legal nature and relevance of documents

Performance Criteria:

1.1 Interpret the legal nature of the document
1.2 Determine the structure, function and significance of the document in the conveyancing transaction
1.3 Interpret and apply statutory and general law principles governing the document and its function in the conveyancing transaction

Element:

2 Prepare legal document

Performance Criteria:

2.1 Identify and apply rules governing construction and interpretation of contracts and other legal documents
2.2 Identify and apply rules for use of precedents, standard form contracts, and statutory forms
2.3 Use principles of legal drafting, including the use of plain language, to prepare the document

Element:

3 Review document against client’s needs

Performance Criteria:

3.1 Interpret and draft terms essential to protect the client’s interests
3.2 Rectify any lack of conformity with the client’s instructions

Element:

4 Check document for accuracy

Performance Criteria:

4.1 Check parties, property information and factual details for accuracy
4.2 Check annexures to the document for accuracy and relevance
4.3 Correct gaps, lack of certainty or ambiguity in language
4.4 Review and rectify non-compliance with legal principles within the document


Learning Outcomes



Details of Learning Activities

 

 

 


Teaching Schedule

Note: LAW5729C Prepare Legal Documents is co-delivered and co-assessed with LAW5727C Read and Interpret a Legal Document

 

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:

  • prepare legal documents that:
    • comply with legislative requirements
    • meet client needs
    • are accurate and checked for errors, inconsistencies and omissions.

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

  • identify and explain key business principles and law applicable to drafting legal documents relevant to conveyancing transactions, including legislative and general law (common law and equity) requirements
  • identify and discuss consumer protection compliance in drafting documents for conveyancing transactions
  • discuss current definitions of conflict of interest within legislation and the industry
  • identify and explain key current legislative, regulatory and industry practices, procedures and services
  • define and explain a range of:
    • legal terms using simple vocabulary
    • key professional and industry terminology
    • words or terms relevant to drafting legal documents for conveyancing transactions
  • explain the policies, procedures and business requirements of the practice
  • explain key rules and procedures for:
    • use of precedents and statutory forms
    • construction and interpretation of documents
  • compare and contrast types of:
    • contracts and other legal documents relevant to conveyancing transactions
    • 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 preparation of a variety of legal documents to support a 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.

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

Note: LAW5729C Prepare Legal Documents is co-delivered and co-assessed with LAW5727C Read and Interpret a Legal Document

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