Course Title: Apply legal principles in property law matters

Part B: Course Detail

Teaching Period: Term1 2018

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

Joanne Mackay

joanne.mackay@rmit.edu.au

9925 5540

Building 80, Level 5, Room 18

445 Swanston Street Melbourne

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

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

Induction Session

Prior to training commencement a program level induction session will be conducted that comprises the following:
•Program overview and requirements
•MyRMIT/Canvas
•Overview of assessment requirements
•Pre-Training Review including:◦Recognition of Prior Learning and Credit Transfers
◦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 are a guide only and represent the total teaching time and student effort required to successfully complete this 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.

 

This schedule is subject to changes.

 

WEEK

No.

DATE

 

Topics – Joanne Mackay (JM) 

weeks 1-13, 15 

Topics Trish Barcatta

 weeks 1-12, 14, 16

Program and assessment  reminders

1

 

20  Feb

Apply Property Law Principles

Interests in Land,

Fixtures and Chattels

Modern Approach to statutory interpretation -

 

Discuss take home quiz

 

2

 

27 Feb

Co-ownership

Formation of business structures

 

3

 

 6 Mar

Title systems and Torrens title

Cases and legislation

Commence Law of Contract:

Introduction + Intention

 

 

4

 

13 Mar

Torrens title

Cases and legislation

 Offer and acceptance

Contracting electronically

 

5

 

20 Mar

Adverse Possession

 Consideration

 

6

 27 Mar

Mortgages

Capacity & Parties (or at home)

Terms, general and special conditions

 

 

 

29 Mar

 

to 4 April

 

RMIT EASTER BREAK

 

RMIT EASTER BREAK

 

    6

   

10 Apr

 

Mortgages

Mistake (if time), Misrepresentation + ACL misleading or deceptive conduct

Task 1 - Reflections due (Property law)

At home study exemption clauses and mistake

 

7

17 Apr

 

Leases and Tenancies

 

Duress, undue influence and

unconscionability

 

 

       8

24 Apr

Easements and Covenants

 Breach and remedies

 

9

 1  May

Finish content and Revision Property Law

 Revision Contract Law

At home study illegality

10

 8 May

In class open book assessment

 Major Property Law assessment

In class open book assessment

 Major Property Law assessment

Task 2 - Transaction in class assessment

 

11

 

15 May

 In class open book assessment

Major Contract Law assessment

 In class open book assessment

Major Contract Law assessment

 

 12

 22  May

 Property Resubmissions

Eligible Resits/ special consideration

 

 13

 29 May

Contract Resubmissions

Eligible Resits/ special consideration

 

 

 

 

 

 

 


Learning Resources

Prescribed Texts


References


Other Resources


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

Assessment Task 1 - Reflections

For this assessment task you are required to write a letter to simulated clients to address the issues of co-ownership and the doctrine of fixtures.

Assessment Task 2 - In class supervised assessment

For this assessment task you will undertake a supervised assessment during your normal scheduled class. The assessment will include short answer and multiple choice questions and case study analysis. You will be permitted to refer to your resources, it is an open book assessment.

To be deemed competent you must satisfactorily complete all assessments.


Assessment Matrix

 The assessment matrix that maps all the assessment is available on CANVAS  

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. (hard copy and soft copy)
  • When you submit work for assessment at RMIT University you need to use the Assessment task document that includes a declaration and statement of authorship.
  • Each page of your assessment should include footer with your name, student number, the title of the assessment, unit code and title and page numbers.

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.

More Information:  https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/extensions-of-time-for-submission-of-assessable-work

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.

More Information: https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/special-consideration

Resubmissions (VET Programs):

If you are found to be unsuccessful in a particular Course Assessment Task (or you do not submit/attend) you will be allowed one resubmission.  Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. 

If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.

Grading & re-submissions

Successful re-submissions will contribute a CAG only (Competency Achieved Grading) result to your overall grade for the course.

Adjustments to Assessment

In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website:

https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/adjustments-to-assessment

 

Marking Guide (Competency):

 

You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.

 

You will receive feedback on each assessment task that will inform you about your progress and how well you are performing.

 

 

Marking Guide (Grading)

 

After achieving competency we then grade your performance in the unit and you will achieve one of the following grades:

 

Final Grades table:

 

 

CHD

Competent with High Distinction

 

 

CDI

Competent with Distinction

 

 

CC

Competent with Credit

 

 

CAG

Competency Achieved – Graded

 

 

CA

Competency Achieved – Not Graded

 

 

NYC

Not Yet Competent

 

 

DNS

Did Not Submit for assessment

 

    

 

 

Further information regarding the application of the grading criteria will be provided by your teacher.

 

Course Overview: Access Course Overview