Course Title: Prepare legal documents

Part B: Course Detail

Teaching Period: Term1 2020

Course Code: LAW5729C

Course Title: Prepare legal documents

Important Information:

This course is co-delivered with Read and Interpret a legal document (Law 5727C)

School: 650T Vocational Business Education

Campus: City Campus

Program: C6164 - Advanced Diploma of Conveyancing

Course Contact: Callie Harvey

Course Contact Phone: +61 3 99255772

Course Contact Email: callie.harvey@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Joseph Detering

joseph.detering@rmit.edu.au

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.


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


 

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.

 

Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.

 

Knowledge evidence

To complete the unit requirements safely and effectively, the individual 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.


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 thought 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 discussion, 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 following courses are are delivered together under the unit title Legal Documents:

  • BSBCNV502/LAW5727C Read and Interpret a Legal Document
  • BSBCNV504/LAW5729C Prepare Legal Documents

(Please note that this schedule is subject to change)

Course Schedule: Read and analyse legal documents and Prepare legal documents, Semester 1, 2020

Week

Topic

Assessment

Week 1

February 10

Development of multiple ownership: company share, stratum titles, strata & cluster titles

 

Week 2

February 17

Subdivision process

 

Week 3

February 24

Selling lots on a plan of subdivision S. 32 requirements

 

Week 4

March 2

Selling lots on a plan of subdivision Contract  requirements

 

Week 5

March 9

General and Special conditions

Assessment 1a Advice on s.32 for off the plan contract due

Week 6

March 16

Owners’ Corporation part 1

 

Week 7

March 23

Owners’ Corporation part 2

 

Week 8

March 30

Stamp Duty and Land Tax;   GST  & CGT

 

Week 9 

April 6

Industry presentations – joint class Joanne and Paul

Assessment 1b Advice on Contract off the Plan due

Mid-Semester Break

Week 10

April 20

Finish GST; Investigating Title and exceptional parties.

 

Week 11

April 27

Sale of Business part 1 

 

Week 12

May 4

Sale of Business, Part 2

 

Week 13

May 11

Sale of Business, Part 3 and Revision

Assessment 2 -sale of business advice letter due

Week 14

May 18

Revision

 

Week 15

May 25

 

 

Assessment 3 Short test on topics in weeks 8 and 10

Week 16

June 1

Resubmissions

 

Week 17

June 8

Grade Entry

 

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 including the self - paced activities in the workbooks.  


Learning Resources

Prescribed Texts


References


Other Resources

Online learning materials can be accessed by going into the RMIT's Learning Management System, Canvas. 

The online learning materials listed may include: 

  • Course outlines
  • Power point Presentations
  • Supporting Reading material
  • Industry relevant articles
  • Activities


Overview of Assessment

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:

  • common office equipment technology, software and consumables and resources
  • internet
  • relevant legislation and regulatory documentation

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 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.

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

There are three assessment tasks you need to complete satisfactorily in order to be deemed competent in the co-delivered courses LAW5727C Read and Interpret a Legal Document and LAW5729C Prepare Legal Documents.

Assessment 1a: Advice s.32

Due: Sunday, 15 March 2020

Summary and Purpose: Assessment 1a involves you in writing a letter of advice to clients on the s.32 aspects of an off the plan (OTP) Contract of Sale of Land which will be given to you in week 1. By completing this assessment 1a it allows you to demonstrate you are working to industry standards in providing advice on the Section 32 Statement of an off the plan contract of sale of land. 

Assessment 1b: Advice on Off-the-Plan Contract

Due: Sunday, 12 April 2020

Summary and Purpose: Assessment 1b involves you in writing a letter of advice to clients on the Contract aspect of an off the plan (OTP) Contract of Sale of Land which will be given to you in week 1. By completing this assessment 1b it allows you to demonstrate you are working to industry standards in providing advice on the off the plan contract of sale of land (Burgin on Lygon).

Assessment 2: Sale of Business Advice

Due: Sunday, 17 May 2020

Summary and Purpose: Assessment 2 involves you in writing short answers to a series of problems given to you in week 13 . By completing this assessment 2 it allows you to demonstrate you are working to industry standards in understanding and putting forward solutions to issues and problems occurring in sale of business transactions

To be competent you must demonstrate an understanding of the key concepts by identifying these in relation to the four problems.  Additionally, you must provide an in-depth explanation of the relevant contractual terms and conditions, legal principles and statutory requirements.

Assessment 3: Final Test

Due: Monday, 25 May 2020

Summary and Purpose: Assessment 3 requires you to write short answers to a series of problems during an In Class Supervised Test.  By completing this assessment 3 it allows you to demonstrate you are working to industry standards in understanding and putting forward solutions to issues with duties and taxes in conveyancing transactions.

To be competent you must demonstrate an understanding of the key concepts by identifying these in relation to each problem.  To achieve a higher grading than competency a demonstration of an in-depth explanation of the relevant legal principles and statutory requirements of the imposition of government duties and taxes in conveyancing transactions is required.


Assessment Matrix

The assessment matrix that maps all the assessment is available on Canvas.

 

Other Information

Submission Requirements

  • 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 a footer with your name, student number, the title of the assessment, unit code and title and page numbers.

Resubmissions (VET Programs)

If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task 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.

Penalties for Late Submission 

Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).

Extensions, Special Consideration and Adjustment to Assessments

Extensions:

Extensions are available for unforeseen circumstances of a short-term nature.

An application form must be submitted to the school at least one working day before the due date of the assessment.

Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)

Special consideration:

Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.

An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date

For more information, see the Special Consideration page of the RMIT website.

Adjustments to Assessment:

RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.

Changes to the Assessment Scheme

Where a change to assessment approved by the dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.

Feedback

You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.

Academic Integrity and Misconduct

Students demonstrate academic integrity in their assessment practices by:

  • engaging with assessment activities in an honest way;
  • providing accountability for the authorship and originality of work submitted;
  • acknowledging the work of others and the re-use of original work.

Academic misconduct is addressed in accordance with the Student conduct policy

Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.

For further information see the Academic Integrity website.

Review and Appeal

A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.

Grade Criteria

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

The following grades are available for this course.

Vocational education grades:

CA - Competency Achieved

NYC - Not Yet Competent

DNS - Did Not Submit for assessment

 

Course Overview: Access Course Overview