Course Title: Take instructions in relation to a transaction

Part B: Course Detail

Teaching Period: Term1 2012

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

Joanne Mackay, course co-ordinator, details as above

Paul Ryan

paul.ryan@rmit.edu.au

9925 5466

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:

1. Establish the client’s needs

Performance Criteria:

1.1 Client needs and expectations are identified and assessed in consultation with the client and where necessary, any clarification/verification is sought immediately in accordance with the practice’s policy and procedures

1.2 Optional courses of action are determined and discussed with client

1.3 Information gathered or given is checked for accuracy and relevance

1.4 Client and conveyancer confirm an understanding of mutual needs and responsibilities

1.5 Client’s needs and responsibilities are recorded and documented promptly and accurately

Element:

2. Identify any conflict of interest between conveyancer and client

Performance Criteria:

2.1 Conflicts of interest associated with the transaction are identified and noted

2.2 Conflicts of interest are assessed to determine appropriate actions for the client and business and these clients informed of these determinations

Element:

3. Identify parties, properties and other interests

Performance Criteria:

3.1 Parties, properties and interests relevant to the transaction are identified promptly and thoroughly

3.2 Documentation and titles are examined to confirm facts pertaining to the transaction

Element:

4. Determine terms of engagement

Performance Criteria:

4.1 Appropriate terms of engagement which comply with legislative, regulatory and practice requirements are determined and articulated to client clearly and promptly

4.2 Client's agreement with terms is established and recorded

4.3 Authorities are obtained from client and other relevant parties

4.4 Estimates of fees, disbursements and time is checked for accuracy and completeness and provided to client

Element:

5. Determine contingency strategies

Performance Criteria:

5.1 Contingencies relating to the transaction are assessed and articulated to the client

5.2 Contingency strategies and options are determined and agreed in consultation with client

Element:

6. Initiate the transaction

Performance Criteria:

6.1 A course of action is selected which meets the client's needs and complies with policies and procedures of the practice

6.2 Clients are advised of all procedures to be utilised to achieve their goals

6.3 Instructions to proceed or not to proceed are confirmed with client

6.4 Referral to other professionals or third parties is made where appropriate

6.5 All relevant instructions, information, facts and evidence are organised, documented and client file formally opened



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

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 though various technology platforms and may include reflective journals, quizzes and interactive sessions.
The collaborative classroom based activities will include group discussion, group problem solving activities and opportunities to practise skills in a simulated/real workplace environment.

Students are expected to participate and contribute in all scheduled learning activities: attend class, download and pre-read class outlines and set reading, participate in class discussion, work on class exercises, research cases and legislation, undertake all set assessments which may include case study analysis, written short answers or a multiple choice test or, a final single written test and/or an assignment.


Teaching Schedule

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                 


  WEEK No.
   DATE   Topic Content

Extra class content with Paul Ryan (PR)

(Plus Reminders)

      1Feb 7Introduction – assessment, materials, program management , library demonstration in classroom 
      2Feb 14Interests in Land, Fixtures and ChattelsAustralian Legal System - PR
      3Feb 21Fixtures and ChattelsLegislation and caselaw as a source - PR
      4Feb 28Co-ownership Modern Approach to caselaw - PR
      5Mar 6

Old Law and Torrens systems 

take home case study activity handed out
      6Mar 13Torrens system Case study due 20%
      7Mar 20Adverse Possession
      8Mar 27Mortgages  
      9.1Apr 3

Mortgages

 
      9.2Apr 5-11 inclusive              Easter break  no class Tues 10 April
      10Apr 17

In class open book test  

 (Topics up to Adverse Possession, weeks1-7)

 In class open book test 30%

Law of Torts - PR

      11Apr 24Leases and tenancies Consumer law - PR
      12May 1Leases and Tenancies   Agency - PR
      13May 8Easements and covenants 
      14May 15 Easements and Covenants, Revision 
      15May 22Final test, open book 50% Final test, open book 50%
      16May 29Self directed learning finalise online activity and RPL in other semester 1 courses
      17June 5 Resits & resubmissions if required, review and feedback 


Learning Resources

Prescribed Texts

There will be readings and support materials provided for each topic 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.


References

RMIT library has online CCH and Voumard references mentioned below. There are other free online resources detailed on the relevant Blackboard site for this course. The latest editions of other references cited including:- Bird, R. Osborn’s Concise Law Dictionary

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

Butt, P. Land Law Law Book Co. Thomson Reuters

Butterworth's Australian Business Law Dictionary (or alternative good legal dictionary)

Neave M.A, Rossiter C.J, Stone M.A. Sackville and Neave Property Law. Butterworths Price,R and Griggs, L Property law In Principle Thomson Reuters

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

Land Victoria The Lodging Book: A guide to dealings at Land Victoria, now available free online from 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
Conveyancers Act 2006 (and regulations) Limitation of Actions Act 1958

Property Law Act 1958

Residential Tenancies Act 1997

Retail Leases Act 2003

Transfer of Land Act 1958


Other Resources

Online resources as directed on the Blackboard site for this course


Overview of Assessment

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

 


Assessment Tasks

Students must demonstrate an understanding of all elements of competency to be deemed competent.

Overview of Assessment
To achieve competency in this unit, a person must be able to demonstrate:

knowledge of practices policy and procedures

knowledge of relevant legislation

ability to establish the clients needs

ability to identify any conflict of interest between conveyancer and client

ability to identify parties, properties and other interests

ability to determine terms of engagement

ability to determine contingency strategies

ability to initiate the transaction


In this course to be able to successfully "Take Instructions", students must also demonstrate the detailed underpinning theoretical legal knowledge required in the knowledge and skills and range statement in the competency, and will therefore be tested on this knowledge and how to obtain and apply this knowledge.

Critical aspects of assessment :

Evidence of the ability to:
• communicate effectively with a client and identify their needs
• apply practice’s policy and procedures and relevant legislation to a client transaction
• identify conflict of interest in a conveyancing transaction
• accurately identify parties, properties and other interests
• determine terms of engagement and contingency strategies
• accurately record client details and initiate a transaction.

Assessment Tasks:

Students are required to successfully complete the 3 prescribed assessment tasks to be deemed competent in this unit.

Task 1 : The 20% case study activity will assist students to gain research and comprehension skills by examining legal cases relevant to the early topic areas and answer questions about the nominated case/s which will be handed out in week 5.

Task 2: The 30% class test will be held in class under open book conditions. Students will revise all the underpinning knowledge of property law in weeks 1-7 (or the end of topic on Adverse possession) and answer a variety of questions of different styles, such as multiple choice, true/false, short answer and problem questions.

Task 3: The final 50% test will be held under open book conditions and examine all the material covered in the semester, with emphasis on content covered in weeks 8-14 (or the end of the topic on easements and covenants) in problem style questions with some multiple choice and short answer. Students will be expected to analyse and apply legal rules to the case studies such as problems found in conveyancing practice.

Submission Requirements 

Assessment tasks need to be submitted via Blackboard unless student is attedning an in class test.

Students should note the following RMIT statement:

• Ensure that you submit assessments on or before the due date. If your performance in the assessment is affected by unexpected circumstances, you should consider applying for Special Consideration. Information on the process and application forms is available at http://rmit.edu.au/browse;ID=ls0ydfokry9rz website.
• 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 a cover sheet that includes a declaration and statement of authorship. 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 declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of work for assessment is available on blackboard.
• 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. For example, Joanne Smith, 324567, Task 2, LAW 5168C take Instructions in relation to the Transaction, Page 1 of 10.

Marking Guide: 

 Vocational Education and Training (VET) is based on current industry needs and the focus on preparing you for the workplace. Because VET courses are informed by practical application of knowledge and skills, they are based on a system known as ‘competency based training’ (CBT). So when you are assessed in VET it is about whether you are competent to do the job, as well as having a firm grasp on the knowledge and skills required to do that job, as opposed to traditional curriculum based education settings that are often based on knowledge retention. You need to demonstrate you are competent in each element of the unit of competency you are studying.

You will receive feedback on each assessment task that will inform you whether you are competent or not and how well you are performing. Once competent in all elements of the unit you receive a competency grading. A specific marking guide will be provided with feedback for each of the assessment tasks.

Please refer to the Final Grades table below.

Marking Guide (Grading)

After achieving competency we then grade your performance in the unit; this gives you the opportunity to have the level of your performance formally recognized against industry standards and employability skills.


The grading is according to the following criteria:

1. LEVEL OF INDEPENDENCE, INITIATIVE, ENTERPRISE AND PERFORMANCE OF WORK TASK

We are looking for a high level of ability to complete all tasks independently, to analyse a case study, legislation and relevant documents in practice

2. DEMONSTRATED BREADTH OF UNDERPINNING KNOWLEDGE AND A WILLINGNESS TO CONTINUE LEARNING

We are looking for depth of understanding of the key concepts and knowledge required to Take Instructions in Relation to a Transaction. You should be able to demonstrate a thorough understanding of all applicable legislative and common law and practice requirements in all the assessment tasks.

3. TECHNIQUES & PROCESSES, TECHNOLOGY SKILLS AND PROBLEM SOLVING

We are looking for appropriate use of technology to assist in presenting all tasks clearly and suitable for the intended audience. You also need to show an understanding of the kinds of problems that can arise for clients in the purchase and asle of real property.

4. WORK ORGANISATION, PLANNING AND SELF MANAGEMENT

We expect to see ongoing utilisation of  Blackboard as per course requirements and timely submission of all required assessment tasks.


5. COMMUNICATION, PEOPLE NETWORKING, LANGUAGE AND INTERPERSONAL SKILLS AND TEAMWORK

We expect to see contributions to relevant discussions and scheduled sessions. In addition your tasks should demonstrate a very good understanding of strategies for a solving problems in the conveyacning file in the workplace.

Final Grades table

CHD    Competent with High Distinction
CDI      Competent with Distinction
CC       Competent with Credit
CAG    Competency Achieved – 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.



Assessment Matrix

Other Information

This course is a full year course and the material in this course guide relates to semester 1 studies. Students will be provided with further information for next semester prior to the commencement of semester 2. The final grade recorded on the student’s academic record will be the average of the marks for each semester.

Course Overview: Access Course Overview