Course Title: Apply legal principles in property law matters

Part B: Course Detail

Teaching Period: Term1 2016

Course Code: LAW5731C

Course Title: Apply legal principles in property law matters

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: Joanne Mackay
Phone: +61 3 9925-5540
Email:  
joanne.mackay@rmit.edu.au

Nominal Hours: 60

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 skills and knowledge required in the conduct and administration of straightforward property law matters.

It applies to individuals who use well-developed skills and a broad knowledge base to provide support in a range of legal service settings. They apply solutions to a range of unpredictable problems, and analyse and evaluate information from a variety of sources.

Its application in the workplace is determined by the job role of the individual and the legislation, rules, regulations and codes of practice relevant to different jurisdictions.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BSBLEG512 Apply legal principles in property law matters

Element:

1. Define nature of property law

Performance Criteria:

1.1 Source legislation, regulations and policies relevant to property law
1.2 Outline difference between real and personal property and make distinctions about their method of transfer
1.3 Identify titles of ownership and their legal implications
1.4 Identify types of mortgages, their legal implications, processes for obtaining and discharging them, and rights of mortgagees

Element:

2. Enhance professional practice through application of relevant principles of property law matters

Performance Criteria:

2.1 Identify parties involved in buying and selling a property and their respective roles
2.2 Identify steps involved in buying and selling a property

Element:

3. Prepare documentation associated with property law matters, including costing

Performance Criteria:

3.1 Obtain relevant documents from authorities and service providers
3.2 Ensure documentation associated with sale or purchase of property is prepared according to organisation’s policies and procedures
3.3 Determine types of costs in accordance with legislative and regulatory requirements for costing legal services
3.4 Draft leases according to instructions
3.5 Identify duties of lessor and lessee
3.6 Ensure documentation is reviewed and signed off by designated person

Element:

4. Facilitate file administration

Performance Criteria:

4.1 Arrange meetings and conferences as appropriate
4.2 Register and lodge relevant documents with land titles and other relevant government agencies
4.3 Check documentation and maintain file according to organisation’s policies and procedures
4.4 Attend to post-settlement procedures


Learning Outcomes



Details of Learning Activities

This course is co-delivered and co-assessed with BSBCNV501 (BUSM7919C) Instructions in relation to A Transaction.
A range of learning experiences are planned for this course including class and online activities relevant to underpinning knowledge in applying legal principles in property law matters, and taking instructions in relation to a transaction.


Teaching Schedule

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 responsibilities
 
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.

 

Week

Date

Topics

Assessment Tasks

Competencies
1

9 Feb

1. Introduction to the Course including:
• Course requirements
• Course support documents
• Course Blackboard access
• Accuracy of enrolment
• Assessment requirements/Cover Sheets
• Plagiarism
• Appeals
• Submission requirements
• Extensions/Resubmissions
• Feedback in this course
• Getting help

Orientation, LIBRARY demonstration.

Property law Intro – examine practice documents
 

 
BSBLEG512 (LAW5731C)
BSBCNV501 (BUSM7919C)
 
2

16 Feb

Interests in Land,
Fixtures and Chattels

 

 


BSBLEG512 (LAW5731C)
BSBCNV501 (BUSM7919C)
 
 323 Feb Co-ownership Task 1 will be made available on the learning hub
BSBLEG512 (LAW5731C)
BSBCNV501 (BUSM7919C)
 
41 March Title systems and Torrens title 
BSBLEG512 (LAW5731C)
BSBCNV501 (BUSM7919C)
 
58 March 
Torrens system:
legislation & cases
 
BSBLEG512 (LAW5731C)
BSBCNV501 (BUSM7919C)
 
615  March Adverse Possession Task 2 will be made available on the learning hub
BSBLEG512 (LAW5731C)
BSBCNV501 (BUSM7919C)
 
722 March MortgagesTask 1 - Assignment - Reflection 1 - Adverse Possession - Due
BSBLEG512 (LAW5731C)
BSBCNV501 (BUSM7919C)
 
  Mid Semester break 24th-30th March 2016  
85 April Mortgages 
BSBLEG512 (LAW5731C)
BSBCNV501 (BUSM7919C)
 
    
BSBLEG512 (LAW5731C)
BSBCNV501 (BUSM7919C)
 
912 April Leases and Tenancies 
BSBLEG512 (LAW5731C)
BSBCNV501 (BUSM7919C)
 
1019 April Leases and Tenancies 
BSBLEG512 (LAW5731C)
BSBCNV501 (BUSM7919C)
 
1126 April Easements and Covenants 
BSBLEG512 (LAW5731C)
BSBCNV501 (BUSM7919C)
 
123 May Easements and Covenants Task 2 - Assignment - Reflection 2 - Mortgages - Due

BSBLEG512 (LAW5731C)
BSBCNV501 (BUSM7919C)
 
1310 May Revision 
BSBLEG512 (LAW5731C)
BSBCNV501 (BUSM7919C)
 
1417 May Task 3 - In class - Supervised Assessment Task 3 - In class - Supervised Assessment

BSBLEG512 (LAW5731C)
BSBCNV501 (BUSM7919C)
 


 


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

myRMIT
The course is supported by a comprehensive set of online resources available through the course tab on myRMIT.

myRMIT is your gateway to the myRMIT to your course site. This is where you will access lectures, readings and other Course resources.
• Announcements and information about the Course will be posted regularly on the myRMIT site, therefore it is important that you regularly check this site.
• The weekly lectures and tutorials are provided to support and accompany prescribed readings.
• The tutorials will provide opportunities to put into practise the areas explored in the lecture and provide guidance on the assessment tasks.

Building 80
Swanston Academic Building (SAB) has the concept of "Anywhere, anytime at RMIT student computing". All students are expected to bring their own mobile device/Laptop to be able to use the wireless environment. Read the complete description on "How to Connect" here: http://www.rmit.edu.au/its/wireless

It is recommended that you have access to a mobile computing device to allow greater flexibility in terms of where you can work on campus outside class times.


Overview of Assessment

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

Performance Evidence
Evidence of the ability to:

  • prepare, give and obtain appropriate and accurate information and documents from the parties at the required stages of the legal process
  • conduct duties according to organisational and legislative requirements
  • apply the principles of property law in the buying and selling of property and preparation and execution of leases
  • prepare documentation and carry out the administrative activities associated with buying and selling property and preparing leasing contracts.

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

  • outline the scope of job role in context of legislation, regulations and codes of practice
  • explain relevant court processes
  • summarise current property law
  • outline legal processes required in this role
  • outline documentation required in property law
  • discuss the organisation’s policies and procedures pertinent to this role.

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

  • appropriate legislation and regulations relevant to property law and common legal matters
  • relevant workplace policies and procedures and reference materials
  • background information on courts, their jurisdiction and behavioural requirements
  • office equipment and resources.   

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 BSBCNV501 (BUSM7919C) Instructions in relation to A Transaction

To be deemed competent in this course the following evidence is essential:

◾identify suitable legal document requirements based on client’s needs
◾prepare accurate and effective documents that comply with legal requirements
◾identify errors, inconsistencies and omissions in legal documents.

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

 

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.

You should take note of all feedback received and use this information to improve your learning outcomes and final performance in the course.
 


Assessment Matrix

Course Overview: Access Course Overview