Course Title: Establish business and legal requirements

Part B: Course Detail

Teaching Period: Term1 2010

Course Code: BUSM9931C

Course Title: Establish business and legal requirements

School: 650T TAFE Business

Campus: City Campus

Program: C5180 - Diploma of Financial Services (Conveyancing)

Course Contact : Paul Ryan

Course Contact Phone: +61 3 9925-5466

Course Contact

Name and Contact Details of All Other Relevant Staff

Paul Ryan


telephone: 9925 5466


Nominal Hours: 35

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

The unit involves identifying and complying with business and legal administrative requirements.It is suitable for settingg up or existing micro and small businesses or a department in a larger organisation.

National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BSBSBM401A Establish business and legal requirements


Comply with legislations, codes and regulatory requirements

Performance Criteria:

[2] Comply with legislation, codes and regulatory requirements.


Identify and implement business legal requirements.

Performance Criteria:

[1] Identify and implement business legal requirements


Negotiate and arrange  contracts

Performance Criteria:

[3.1] Legal advice on contractual rights and obligations is sought, if required, to clarify business liabilities.
[3.2] Potential products / services are investigated and assessed to determine procurement rights and to ensure protection of business interests where applicable.
[3.3] Conditions applying to production / provision of relevant products and services are investigated to ensure compliance with legal and contractual requirements as required.
[3.4] Contractual procurement rights for goods and services including contracts with relevant people, negotiated and secured as required in accordance with the business plan.
[3.5] Options for leasing / ownership of business premises identified and contractual arrangements completed in accordance with the business plan.

Learning Outcomes

On completion of the course, students should have studied various aspects of the law to enable them to apply legal principles in the later courses, and understand some of various legal concepts relevant to operating a small business , including:
- the Australian legal system
- statutory interpretation and case law
- business structures
- introduction to agency and insurance
- law of torts, basic principles
- debt collection and taxation principles

Details of Learning Activities

Students will study Small Business Law skills and theory in class sessions and through prescribed exercises and assessment work. These concepts will also be explored through the investigation of appropriate real world and simulated environments.

Teaching Schedule

Week beginning                 Topics                                                                                                     Assessment
Week 1 - 8 February
    No class – Joanne to hand out this summary of course
Week 2 - 15 February  No class – Joanne to hold class
Week 3 - 22 February  Australian Legal System                                                                         Case study test handed out for return week 8
Week 4 - 1 March        Legislation as a source of law
Week 5 - 8 March        Labour Day holiday
Week 6 - 15 March      Modern approach to Statutory Interpretation
Week 7- 22 March       Business structures – sole traders and partnerships
Week 8 – 29 March     Business structures – Corporations and Trusts                                 Case study due (20 marks)
Thursday 1 April to Wednesday - 7 April EASTER HOLIDAY

Week 9 12 April             In class test Multiple choice/ short answer Test (open book) (20 marks)
Week 10 – 19 April       Agency                                                                                                         Give out assignment due week 14
Week 11 - 26 April        ANZAC Day Holiday
Week 12 - 3 May           Insurance Requirements for Small Business
Week 13 - 10 May         Law of Torts - negligence
Week 14 - 17 May         Consumer Law & Debt Collection                                                          Assignment due (20 marks)
Week 15 - 24 May         Taxation Principles
Week 16 - 31 May          Final test open book                                                                                Final test open book (40 marks)
Week 17 - 7  June         Deferred Assessment – no classes
Week 18 - 14 June        Review – no classes

Learning Resources

Prescribed Texts

There is no prescribed text, but students should obtain a legal dictionary.


Australian Business Law 5th edition by Vickery + Pendleton- publisher Prentice Hall
Business, Society and the Law 4th edition by Terry + Giugni- publisher Thomson
Butterworths Concise Australian Legal Dictionary
Cornerstones of Australian Law 3rd edition by Callie Harvey
Publisher Tilde university Press
A Guide to Business Law 15th edition by Carvan Miles + Dowler – publisherThomson LawBook Co
Fundamentals of Business Law 4th edition by Baron + Fetcher - publisher McGraw Hill
Laying Down the Law 5th edition by Morris et al- Butterworths
Legal aspects of your Small Business 3rd edition by Ian Birt publisher Pearson Prentice Hall
Legislation by Kath Hall - Butterworths Guides
Osborn’s Concise Law Dictionary

Other Resources

Online Resources:
Australian Legal Sites (
Australasian Legal Information Institute (
CCH Online (
ComLaw (
Department of Infrastructure
LexisNexis Butterworths Online (
State Revenue Office
Supreme Court of Victoria (
Victorian Legislation and Parliamentary Documents (

Overview of Assessment

Assessments may include: short in class exercises, class tests, question and answer activities, assignments and open book exams.
Students will be provided with formative feedback to establish their progress in the course and identify areas which need more work.

Assessment Tasks

Assessment that learning outcomes have been achieved will be by:

Multiple choice test Week 09   20%
Case study due Week 08         20%
Assignment Week 14                20%
Final Test Week 16                    40%
Multiple choice test will be conducted under open book conditions which allows students to bring into
the test in any written materials they wish. It will be for one hour in week 9.
There will be multiple choice, true and false and short questions requiring answers not exceeding 20
lines. Maximum mark 20%. It will be on the materials covered in weeks 2-7.

Case study: You will be given a short reported case and a series of questions relating to the case
which you will be required to answer in your own time and return in week 8. The
reported case and questions will be given out in week 3 or perhaps earlier. The maximum mark is 20%.

Assignment: You will be given details of two fact situations in class in week 10 and you are to provide
written advice on each problem in week 14. The assignment will cover all material covered to week 14
but with an emphasis on weeks 10 -14. The maximum mark is 20 %

Final test: In week 16 under open book conditions covering the whole course. You will be asked to give
written advice on problems you are given. The maximum mark is 40% and the time allowed for the
test 1 hour 30 minutes plus 15 minutes reading time.

Assessment Matrix

Other Information

The week by week teaching programme and dates for assessment are subject to negotiation and variation.

Course Overview: Access Course Overview