Course Title: Determine appropriate aspects of commercial law

Part B: Course Detail

Teaching Period: Term1 2017

Course Code: JUST5749

Course Title: Determine appropriate aspects of commercial law

School: 650T Vocational Business Education

Campus: City Campus

Program: C6141 - Advanced Diploma of Legal Practice

Course Contact: Robert Sheen

Course Contact Phone: 9925-5759

Course Contact Email:

Name and Contact Details of All Other Relevant Staff

Judy Dredge



Nominal Hours: 50

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


Course Description

This unit describes the skills and knowledge required to appropriately apply aspects of commercial law, including partnerships, bankruptcy, business names, franchises and trusts, in order to support the work of a legal office, practice or associated context.

This unit supports the work of personnel engaged in the operation of a legal office or associated fields within public and/or corporate sectors.

National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU21636 Determine appropriate aspects of commercial law


1.Evaluate Common Law as to agency and the rights, duties and obligations of the parties

Performance Criteria:

1.1 Specify the purpose and existence of an agency, including the relationship of the principal, agent and third parties 1.2 Outline the process for the creation of the Agency and distinguish the difference between agencies created 1.3 Identify and assess the scope of an Agent's Authority 1.4 Explain types of Agents and the differences between them 1.5 Specify the duties, rights and liabilities of the agent and analyse for application 1.6 Specify the duties, rights and liabilities of the principal and analyse for application 1.7 Identify the ways in which an agency agreement may be terminated and analyse for application 1.8 Apply the Law of Agency to case examples


2.Identify and assess the key features of forming partnerships

Performance Criteria:

2.1 Classify the factors that constitute a partnership and analysed for application 2.2 Specify the factors relevant to forming a partnership and analyse for application 2.3 Compare and contrast, for application to practice, the advantages and disadvantages inherent in an unlimited or general partnership


3.Identify and apply the legal requirements of partnerships

Performance Criteria:

3.1 Analyse and determine the relations of partners to outsiders 3.2 Analyse the relationship of partners to each other 3.3 Classify the legal factors relevant to the dissolution or change in composition of a partnership 3.4 Analyse and compare the main features of a limited partnership with a general partnership


4.Analyse the rights and obligations of creditors and debtors

Performance Criteria:

4.1 Classify and contrast the legal alternatives available to a creditor in relation to a debtor who fails to pay a debt 4.2 Identify and describe the administration of bankruptcy 4.3 Analyse for application, the legal issues and procedures involved with bankruptcy as a consequence of a creditor's petition 4.4 Specify the procedures and documentation related to a debtor's petition 4.5 Classify and analyse the types of arrangements available under Part X of the Bankruptcy Act, including the circumstances in which such arrangements may be appropriate, with reference to deeds of composition, deeds of assignment and deeds of arrangement 4.6 Examine for application, the nature and uses of a Bankruptcy Act Part IX debt agreement


5.Analyse the consequences of bankruptcy upon the parties involved

Performance Criteria:

5.1 Identify the property that is available for distribution amongst creditors under the Bankruptcy Act and analyse the doctrine of relation back, undervalued transactions, transactions to defeat creditors, and undue preferences 5.2 Research and discuss the effects of bankruptcy, on the bankrupt, secured and unsecured creditors and the debtor's property 5.3 Compare for application to practice, the rights of secured and unsecured creditors, in relation to being paid 5.4 Identify and describe the circumstances in which a bankrupt can be discharged from bankruptcy, including the implications for the bankrupt and the creditors


6.Determine and apply the major features of trusts

Performance Criteria:

6.1 Identify and describe the major features of trusts 6.2 Compare and contrast, for application, the various reasons for using trusts 6.3 Explain the methods of creating various forms of trusts and their nature 6.4 Identify and describe the legal factors governing the role of trustees 6.5 Analyse the rights of the beneficiaries of a trust with reference to: the circumstances in which they may direct the trustee, and their rights when the trustee has breached a duty as a trustee 6.6 Assess the process of the winding up of trusts with reference to: distribution of assets to beneficiaries as authorised by the trust instrument, release or variation from the trust obligations, and disposition of the trust property


7.Analyse the legal requirements of the use and registration of business, company and association names, and the rights of their owners

Performance Criteria:

7.1 Evaluate for application, the legal requirements related to the registration and use of business, company and association names 7.2 Identify the legal protection available to the user of a name in relation to the tort of passing off, Trade Practices Act 1974, tort of deceit, corporations law and Associations Incorporation Act 7.3 Explain the legal authority as representative of partners, those acting on behalf of associations, the trustees, and company directors and officers


8.Analyse the legal nature of franchises

Performance Criteria:

8.1 Specify and describe the factors which constitute franchises 8.2 Specify the legal nature of a franchise and analyse for application 8.3 Research and discuss the impact of the Franchising Code of Conduct upon franchises 8.4 Research and discuss the impact of the Trade Practices Act 1974 on franchises 8.5 Research and discuss the rights and liabilities of the parties in franchises

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/Blackboard
  • 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 Teaching Schedule for this course is as follows. (Please note that this schedule is subject to change).


Week Commencing





Overview of Course (Introductory Session) –

Business structures




Business structures




Partnership Law,




Partnership Law, Agency law,

Written assignment Assessment Task 1 – to be handed out, due week 8 – individual assignment – (35%) - topics business structures, partnership law, agency












Selection of Groups for trust presentations –overview of group assignment – Assessment task 2 – (25%)




Written assignment (Ass 1) - due (35%) to be submitted

Confirmation of groups, distribute task to groups and discuss – written assignment due in week 13.

Oral presentations to be conducted in weeks 13, 14



Protection of Commercial Interests by Registration



10/04/17 (Monday)

Enforcement of civil debts, bankruptcy



13/04/17 - 19/04/17

***Mid-Semester Break*** (No scheduled classes)



20/04/17 (Thursday)

Self-directed study













Group Assignment (25%) to be submitted.

Oral Trust Presentations to be conducted during this class with remainder in week 14.



 Presentations &


Remaining trust presentations to be conducted during this class.



 Open book Test (2 hours)

Class Test -open book (40%) – Test will cover learning outcomes 4, 5, 6, 7 and 8.



Outcome of Group Presentations, Feedback and Assessment Review, Deferred Assessments

Resits /Resubmissions

Learning Resources

Prescribed Texts


James, N. Business Law, 3rd edition 2014, John Wiley & Sons Australia Ltd

Other Resources

Overview of Assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

In order to demonstrate competency in this unit, you must provide evidence of:

• determining appropriate application of aspects of commercial law including partnerships, bankruptcy, trusts, franchises and business names and with reference to the rights and obligations of the parties
• examining bankruptcy in the context of the rights and obligations of creditors and debtors, and its consequences
• analysing trust in relation to its features, its creation, maintenance and dissolution processes, and the rights and obligations of parties involved
• examining the legal requirements of the business name and the owner’s rights
• analysing the legal nature, regulation and the rights and liabilities of the parties concerned in a franchise

Context for assessment

Assessment must ensure:

• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification

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 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 effectiveness 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 Tasks


Assessment will be by means of:


Written assignment             - (individual assignment)               35%


Research report & oral presentation – (groups of 2)                25%


Class Test (open book)                                                               40%


TOTAL                                                                                        100%

You must satisfactorily complete all assessment tasks in order to achieve competency.

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.
  • Include a footer (appearing on each page of your assessment) with your name, student number, assessment title, course code, course title and page numbers. For example, Kelly Hervey, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.

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:

The application form may be obtained from:

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:;ID=g43abm17hc9w

The application form may be obtained from:

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:;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:


 Competent with High Distinction


 Competent with Distinction


 Competent with Credit


 Competency Achieved – Graded


 Not Yet Competent (all assessment tasks submitted)


 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