Course Title: Apply legal principles in property law matters

Part B: Course Detail

Teaching Period: Term2 2013

Course Code: JUST5201C

Course Title: Apply legal principles in property law matters

School: 650T TAFE Business

Campus: City Campus

Program: C5292 - Diploma of Legal Services

Course Contact : Robyn Lang

Course Contact Phone: +61 3 9925-1565

Course Contact Email:robyn.lang@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

JOANNE MACKAY

Course Co-ordinator

Phone: 99255540

E-mail:  joanne.mackay@rmit.edu.au

 

TINA POPA

Sessional Lecturer

tina.popa@rmit.edu.au

Nominal Hours: 60

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 performance outcomes, skills and knowledge required in the conduct and administration of straightforward property law matters. A range of legislation, rules, regulations and codes of practice may apply to this unit at the time of endorsement, depending on job roles and jurisdictions.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BSBLEG512A Apply legal principles in property law matters

Element:

1. Define nature of property law

Performance Criteria:

1.1. Source legislation, regulations and policies relevant to property law
1.2. Outline difference between real and personal property and make distinctions about their method of transfer
1.3. Identify titles of ownership and their legal implications
1.4. Identify types of mortgages, their legal implications, processes for obtaining and discharging them, and the rights of mortgagees
 

Element:

2. Enhance professional practice through application of relevant principles of property law matters

Performance Criteria:

2.1. Identify parties involved in buying and selling a property and their respective roles
2.2. Identify steps involved in buying and selling a property
 

Element:

4. Facilitate file administration

Performance Criteria:

4.1. Arrange meetings and conferences as appropriate
4.2. Register and lodge relevant documents with land titles and other relevant government agencies
4.3. Check documentation and maintain file according to organisation's policies and procedures
4.4. Attend to post-settlement procedures
 

Element:

3. Prepare documentation associated with property law matters, including costing

Performance Criteria:

3.1. Obtain relevant documents from authorities and service providers
3.2. Ensure documentation associated with sale or purchase of property is prepared according to organisation's policies and procedures
3.3. Determine types of costs in accordance with legislative and regulatory requirements for costing legal services
3.4. Draft leases according to instructions
3.5. Identify the duties of lessor and lessee
3.6. Ensure documentation is reviewed and signed off by designated person
 


Learning Outcomes



Details of Learning Activities

In undertaking this course, students will acquire skills and knowledge required to apply legal principles and carry out administrative tasks associated with property law matters. 4 workshops will be conducted throughout the semester which will provide the students with all necessary materials in order for them to undertake independent study between workshops. Throughout the semester, extensive use will be made of RMIT’s online learning environment (Blackboard) to provide additional reading material for each topic, links to video or audio resources and to administer regular assessments of learning.

The first 3 workshops are aimed at providing the students with the material in order to gain an understanding of the fundmental principles of property law. The material is delivered through PowerPoint lecture slides and is supplemented by video resources shown in class and further reading material uploaded on Blackboard.

Skills and knowledge are further expanded through class discussions, practical case studies and examples and class exercises.


Teaching Schedule

The 4 workshops are spread out through the semester as shown below. Each workshop is scheduled to last 3 hours with a break in the middle. Workshops 1 and 4 are mandatory due to orientation and the examination respectively.

Week     Date & Workshop                             Topic                                                                                                                                                                                                              Element                                                                     Assessment           
1 • Nature of Property
• Fixtures & Chattels
• Co-ownership
• Mortgages
• Nest or a Noose? DVD
  
2 • Parties and steps involved in buying and selling property
• Contract of Sale
• Section 32
• Title Searches
• Property Inquiry Application Form
• Caveat
  
3 

• Leases and Tenancies
• Settlement
• Statement of Adjustments
• Notice of Acquisition / Notice of Disposition
Assessment 1 due

  
4 • Assessment 2 due at the commencement of class

FINAL EXAM

  


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 may incorporate a variety of methods including in-class exercises, problem-solving exercises, assignments, group or individual projects, presentations and written or practical tests, as well as homework activities.

Other activities may be workplace-based or simulate work practices. These may include the production of technical requirements documents, direct observation of workplace practices and the presentation of a portfolio of evidence. This portfolio may include documents, photographs, video and/or audio files.

Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant competency standards are being met. Students will be provided with feedback throughout the course to check their progress.
 


Assessment Tasks

You are required to complete 3 pieces of assessment:


1. Portfolio of Exercises
     - Fixtures & Chattels question
     - Co-ownership question
     - Case Study questions
     - Contract of Sale and Vendor’s Statement questions

The Portfolio of Exercise is a collection of various problem solving and analytical questions aimed to have students apply their knowledge to practical scenarios.

2. Johnson Property File

The Johnson Property File is a factual scenario handed to students at the commencement of the course. The students are required to run part of a property file by drafting a letter to a client, addressing the issue of legal costs in property matters and preparing relevant property and conveyancing documents.

3. Final Exam

The final exam will consent of problem solving, short answer, multiple choice and analytical questions aimed to examine students’ knowledge and skills acquired throughout the semester.

Students must demonstrate an understanding of all elements of competency to be deemed competent.
A range of assessment methods are used to assess practical skills and knowledge, for example:
* tests and examinations in formal settings
* assignments, projects and case study analysis
* direct questioning combined with review of portfolios of evidence
* review of authenticated documents from the workplace or training environment
* demonstration of techniques
* Class presentation

Critical aspects of assessment
Evidence of the following is essential:


Assessment completion requirements

You are required to complete 3 tasks. To pass this course students must attempt assessments as required which are graded upon submission by the class assessor. Grading is weighted so that a mark of 50% is a passing grade.
Evidence that learning outcomes have been achieved will be gathered from:
Assessment 1
Assessment 2
Assessment 3
Assessment descriptions
 

Assessment submission requirements

Assessment tasks need to be submitted via Blackboard unless otherwise advised.

You should:

* 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, Julie Macpherson, 324567, Task 2, OHS2345C Ensure safe workplace, 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.

Please refer to the Final Grades table below.

Marking Guide

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 as per the specifications as well as demonstrating a high level of initiative in your approach to developing and maintaining an OHS system.

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 in managing an OHS system. You should be able to demonstrate a thorough understanding of all applicable OHS legislative 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 in managing OHS systems and how these might be addressed.

4. WORK ORGANISATION, PLANNING AND SELF MANAGEMENT

We expect to see ongoing uploading of information into Pebble Pad that is relevant to the unit, full utilisation of Pebble Pad and 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 Collaborate sessions. In addition your tasks should demonstrate a very good understanding of strategies for a collaborative approach to OHS management 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

 

Element             Performance CriteriaAssessment
1. Define nature of property law

1.1. Source legislation, regulations and policies relevant to property law


1.2. Outline difference between real and personal property and make distinctions about their method of transfer


1.3. Identify titles of ownership and their legal implications


1.4. Identify types of mortgages, their legal implications, processes for obtaining and discharging them, and the rights of mortgagees
 

1.1 Portfolio of Exercises – Question 4; Final Exam


1.2 Portfolio of Exercises – Question 1 and 3; Final Exam


1.3 Portfolio of Exercises – Question 2 and 3; Final Exam


1.4 Final Exam
 

2. Enhance professional practice through application of relevant principles of property law matters

2.1. Identify parties involved in buying and selling a property and their respective roles


2.2. Identify steps involved in buying and selling a property
 

2.1 Portfolio of Exercises – Question 4; Property file; Final Exam


2.2 Portfolio of Exercises – Question 4; Property file; Final Exam
 

3. Prepare documentation associated with property law matters, including costing

3.1. Obtain relevant documents from authorities and service providers


3.2. Ensure documentation associated with sale or purchase of property is prepared according to organisation’s policies and procedures


3.3. Determine types of costs in accordance with legislative and regulatory requirements for costing legal services


3.4. Draft leases according to instructions


3.5. Identify the duties of lessor and lessee


3.6. Ensure documentation is reviewed and signed off by designated person
 

3.1 Property file


3.2 Property file; Final Exam


3.3 Property file


3.4 Property file


3.5 Final Exam


3.6 Property file
 

4. Facilitate file administration

4.1. Arrange meetings and conferences as appropriate


4.2. Register and lodge relevant documents with land titles and other relevant government agencies


4.3. Check documentation and maintain file according to organisation’s policies and procedures


4.4. Attend to post-settlement procedures
 

4.1 Property file


4.2 Property file


4.3 Property file


4.4 Property file
 

Other Information

Marking Guide
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.

Please refer to the Final Grades schedule below:
 

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
 

Course Overview: Access Course Overview