Course Title: Take instructions in relation to a transaction

Part B: Course Detail

Teaching Period: Term1 2010

Course Code: LAW5168C

Course Title: Take instructions in relation to a transaction

School: 650T TAFE Business

Campus: City Campus

Program: C5180 - Diploma of Financial Services (Conveyancing)

Course Contact : joanne mackay

Course Contact Phone: +61 3 9925 5540

Course Contact Email:joanne.mackay@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Nominal Hours: 120

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

Introductory law course or competency 

Course Description

To provide learners with the knowledge and skills relating to property law concepts which underpin the conveyancing process, as might be required of a person working in a conveyancing or legal office or in associated fields in the public or corporate sectors. To gain sufficient underpinning knowledge of property law to proceed competently to study legal issues in the conveyancing process

If you are undertaking this course in Melbourne from semester 2, 2012 onwards your teacher will advise you if you require access to a computer for the course. 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.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

FNSCONV501B Take instructions in relation to a transaction

Element:

FNSCONV501A/01 Establish the client’s needs

FNSCONV501A/02 Identify any conflict of interest between conveyancer and client

FNSCONV501A/03 Identify parties, properties and other interests

FNSCONV501A/04 Determine terms of engagement

FNSCONV501A/05 Determine contingency strategies

FNSCONV501A/06 Initiate the transaction




Performance Criteria:

Students will be able to role play with prospective client and discuss nature of the conveyancing transaction

A letter of advice to the client in an assessment will demonstrate the reponsibilities of both parties 

Students will demonstrate recognition of various estates and interests in real property

Written instructions to the clients will demonstrate the role of the conveyancer

Cases study application will demonstrate the student response to conflict or legal issues in the file

The student will competently take instructions and initiate the transaction when they demonstrate competent knowledge of the underpinning legal principles


Learning Outcomes


Knowledge requirements in the training package include:



· relevant legislation and common law

· policies/procedures/requirements of the practice


· current legislative, regulatory and industry practices, procedures and services


· business principles and law


· relevant types of contract and other required documentation


· professional/industry terminology


· relevant consumer protection requirements

Students should be able to apply knowledge and skills in various areas of property law necessary to take intructions in relation to a transaction, such as tenure and estates, title systems, fixtures and chattels, co-ownership, leases and tenancies, mortgages, easements and covenants.


· insurance requirements

 


Details of Learning Activities

Attend class, download and preread class outlines and set reading, participate in class discussion, work on class exercises, research cases and legislation, undertake all set assessments, using case study materials, written short answers or a multiple choice test or, a final single written examination and an assignment.


Teaching Schedule

                  


WEEK No.
DATE  
1Feb 8thIntroduction – assessment, materials, program management , library demo
2Feb 15th Interests in Land, Fixtures and Chattels
3Feb 22rd Fixtures and Chattels, Co-ownership,
4Mar 1st case study activity 20%
5Mar 8th Public Holiday self directed review of learning
6Mar 15thOld Law title & Torrens system
7Mar 22nd Torrens system, Adverse Possession
8Mar 29th Adverse Possession
 Apr 1st-7th

 Easter break

9Apr 12th  Mortgages
10Apr 19th in class test open book 30 %
11Apr 26thPublic Holiday  Anzac day , self directed learning
12May 3rd Mortgages
13May 10th Leases and Tenancies 
14May 17th Leases and tenancies
15May 24thEasements and Covenants,
1631st Mayrevision
17June 7thPublic holiday
 18 June 14th final test, open book 50%


Learning Resources

Prescribed Texts

There will be readings and support materials provided via the Blackboard site for this course.

Other references, legislation and websites are cited in the lecture outlines, and available via web resources link on the Blackboard. The Transfer of Land Act will be required from week 2. Instructions will be given in first class.


References

RMIT library has online CCH and Voumard references mentioned below. There are other free online resources detailed on the relevant HUB site for this course. Bird, R. Osborn’s Concise Law Dictionary

Bradbrook, MacCallum, Moore Australia Real Property Law Law Book Co.

Butt, P. Land Law Law Book Co.

Butterworth” Australian Property Law Dictionary

Neave M.A, Rossiter C.J, Stone M.A. Sackville and Neave Property Law. Butterworths

Stein and Stone Torrens Title. Butterworths

Tooher, J and Dwyer, B Introduction to Property Law, Butterworths.

Land Victoria The Lodging Book: A guide to dealings at Land Victoria

Victorian Conveyancing Law and Practice CCH

Whalan The Torrens System in Australia Law Book Co.

Wikrama, Voumard the Sale of Land LBC.

Legislation

Limitation of Actions Act 1958

Property Law Act 1958

Residential Tenancies Act 1997

Retail Leases Act 2003

Transfer of Land Act 1958


Other Resources


Overview of Assessment

Assessment Summary
CASE STUDY Activity (open book)  20%
CLASS TEST (open book)                30%
FINAL TEST (open book)                  50%

 


Assessment Tasks

The 20% case study activity will assist students to gain research and comprehension skills by examining a legal case relevant to one of the early topic areas and answer questions about the case in class.

The 30% class test will be held in class under open book conditions. Students will revise all the underpinning knowledg of property law in weeks 1-9 and answer a variety of questions of different styles, such as multiple choice, true/false, short answer and problem questions.

The final 50% test will be held under open book conditions and examine all the material covered in the semester in problem style questions with some multiple choice and short answer.


Assessment Matrix

Other Information

Other references:

Students should refer to the HUB every week for notices and other resources posted

Course Overview: Access Course Overview