Course Title: Take instructions in relation to a transaction

Part B: Course Detail

Teaching Period: Term1 2015

Course Code: BUSM7853C

Course Title: Take instructions in relation to a transaction

School: 650T Vocational Business Education

Campus: City Campus

Program: C5324 - Diploma of Conveyancing

Course Contact : Doug Gourlay

Course Contact Phone: +61 3 9925-5944

Course Contact Email:doug.gourlay@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Course Coordinator: Joanne Mackay
Phone: +61 3 9925-5540
Email:  
joanne.mackay@rmit.edu.au

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

None

Course Description

This unit describes the performance outcomes, skills and knowledge required to take instructions from a potential client to a real estate, business or personal conveyancing transaction in order to establish a valid relationship. It encompasses establishing the client’s needs, identifying if any conflicts of interest exist between conveyancer and client, identifying parties, properties and other interests, determining terms of engagement, determining contingency strategies and initiating the transaction.

This unit may apply to job roles subject to licensing, legislative, regulatory or certification requirements so Commonwealth, State or Territory requirements should be confirmed with the relevant body.
 


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

FNSCNV501A Take instructions in relation to a transaction

Element:

1. Establish the client's needs

Performance Criteria:

1.1. Client needs and expectations are identified, clarified and assessed in accordance with the practice's policy and procedures
1.2. Optional courses of action are determined and discussed with client
1.3. Information in relation to the transaction is checked for accuracy and relevance
1.4. Responsibilities, obligations and expectations of all parties to the transaction are mutually agreed and
1.5. Client's needs and responsibilities are recorded and documented promptly and accurately

Element:

2. Identify any conflict of interest

Performance Criteria:

2.1. Existing or potential conflicts of interest associated with the transaction are identified and recorded
2.2. Conflicts of interest are assessed to determine appropriate action for the client and practice, and client is promptly advised of any necessary action

Element:

3. Identify parties, properties and other interests

Performance Criteria:

3.1. Parties, properties and interests relevant to the transaction are accurately identified and verified with the client
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 are 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 advised 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 legislative requirements and with the policies and procedures of the practice
6.2. Client is advised of all actions to be implemented to meet their agreed needs and expectations
6.3. Instructions from client to proceed or not to proceed are confirmed with client and promptly recorded
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



Details of Learning Activities

This course is co-delivered and co-assessed with JUST5201C Apply Legal Principles in Property Law Matters.
A range of learning experiences are planned for this course including class and online activities relevant to underpinning knowledge in applying legal principles in property law matters, and taking instructions in relation to a transaction.


Teaching Schedule

Prior to training commencement a program level induction session will be conducted that comprises the following:

• Program overview and requirements
• MyRMIT/Blackboard
• Overview of assessment requirements
• Pre-Training Review including:
  o Recognition of Prior Learning and Credit Transfers
  o Assessment of current skills and knowledge
• Competency/Grading Criteria
• Plagiarism
• Appeals
• Extensions
• Feedback
• Privacy
• Submission requirements
• Resubmission policy
• Where to get support
• Student responsibilities
 
The nominal hours associated with this course 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

Date

Topics

Assessment Tasks

1

10 Feb

1. Introduction to the Course including:
• Course requirements
• Course support documents
• Course Blackboard access
• Accuracy of enrolment
• Assessment requirements/Cover Sheets
• Plagiarism
• Appeals
• Submission requirements
• Extensions/Resubmissions
• Feedback in this course
• Getting help

Orientation, LIBRARY demonstration.

Property law Intro – examine practice documents
 

 
2

17 Feb

Interests in Land,
Fixtures and Chattels

 

 

 324 Feb Co-ownership Task 1 will be made available on the learning hub
43 March Title systems and Torrens title 
510 March 
Torrens system:
legislation & cases
 
617 March Adverse Possession Task 2 will be made available on the learning hub
724 March MortgagesTask 1 - Assignment - Reflection 1 - Adverse Possession - Due
831 March Mortgages 
 April 2- 8 Mid Semester break (2-8 April) 
914 April Leases and Tenancies 
1021 April Leases and Tenancies 
1128 April Easements and Covenants 
125 May Easements and Covenants Task 2 - Assignment - Reflection 2 - Mortgages - Due
1312 May Revision 
1419 May Task 3 - In class - Supervised Assessment Task 3 - In class - Supervised Assessment


 


Learning Resources

Prescribed Texts

Davies Chris, Property Law Guidebook, 2010, Oxford University Press

 

9780195565485

Libbis, Simon Conveyancing Victoria, The Ultimate Guide 2015, Hybrid Press.


References


Other Resources

myRMIT
The course is supported by a comprehensive set of online resources available through the course tab on myRMIT.

myRMIT is your gateway to the myRMIT to your course site. This is where you will access lectures, readings and other Course resources.
• Announcements and information about the Course will be posted regularly on the myRMIT site, therefore it is important that you regularly check this site.
• The weekly lectures and tutorials are provided to support and accompany prescribed readings.
• The tutorials will provide opportunities to put into practise the areas explored in the lecture and provide guidance on the assessment tasks.

Building 80
Swanston Academic Building (SAB) has the concept of "Anywhere, anytime at RMIT student computing". All students are expected to bring their own mobile device/Laptop to be able to use the wireless environment. Read the complete description on "How to Connect" here: http://www.rmit.edu.au/its/wireless

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.


Overview of Assessment

Assessment methods have been designed to measure achievement of the requirements in a flexible manner over a range of assessment tasks, for example:

• analysis of responses to case studies and scenarios
• reports
• observation of role plays
• verbal or written questioning on underpinning knowledge and skills which may include formal examinations

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.
 


 


Assessment Tasks

To be deemed competent in this course the following evidence is essential:

  • access, interpret and analyse product and service information provided by industry sectors
  • interpret and comply with relevant legislation, regulations and industry codes of practice and ethics applicable to the workplace
  • recognise and implement sustainability principles and work practices
  • analyse, evaluate and organise relevant information
  • plan work and maintain a team environment taking into account any constraints and available resources
  • identify and evaluate professional development opportunities. 

Task 1 – Assignment Reflection 1 (Due Week 7)


For this assessment you will be required to create a memorandum reflecting on the topic of adverse possession based on the topics covered in weeks 1 - 3. In your reflection you will need to analyse the law(s) including relevant precedents to demonstrate your understanding of the topic. You will also need to present your view(s) as to whether the relevant law(s) should be reviewed and/or amended in the future. The memorandum should be concise and not exceed 750 words. 

Task 2 – Assignment Reflection 2 (Due Week 12)


For this assessment you will be required to create a memorandum reflecting on the topic of mortgages and the power of sale of the mortgagee based on the topics covered in weeks 6 - 8. In your reflection you will need to analyse the law(s) including relevant precedents to demonstrate your understanding of the topic. You will also need to consider whether a mortgagee can justify selling at a price sufficient to cover the amount outstanding by the mortgagor under the mortgage . The memorandum should be concise and not exceed 750 words.

 

Task 3 - In Class Supervised Assessment (Due Date Week 14)

For this Assessment Task you are required to demonstrate your skills and knowledge by completing an open book one and half hour in class supervised assessment comprised of multiple choice, short answers, true/false and workplace scenario analytical case studies. This assessment covers all the topics from weeks 1 – 14. In this assessment you will be required to demonstrate the following learning outcomes:

a) Establish the client’s needs
b) Identify any conflict of interest
c) Identify parties, properties and other interests
d) Determine terms of engagement
e) Determine contingency strategies
f) Initiate the transaction

 

Feedback

Feedback will be provided throughout the semester.  You are encouraged to ask and answer questions during class time and outside of class time so that you can obtain feedback on your understanding of the concepts and issues being discussed.  Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.

You should take note of all feedback received and use this information to improve your learning outcomes and final performance in the course.
 


Assessment Matrix

Course Overview: Access Course Overview