Course Title: Prepare legal documents

Part B: Course Detail

Teaching Period: Term2 2017

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

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

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:

  • 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

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