Course Title: Read and interpret a legal document and provide advice

Part B: Course Detail

Teaching Period: Term2 2013

Course Code: LAW5711C

Course Title: Read and interpret a legal document and provide advice

School: 650T TAFE Business

Campus: City Campus

Program: C5324 - Diploma of Conveyancing

Course Contact : Paul Ryan

Course Contact Phone: +61 3 99255466

Course Contact Email:paul.ryan@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Paul Ryan
Course Contact Phone +61 3 99255466
Course Contact Email  paul.ryan@rmit.edu.au
 

Nominal Hours: 80

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 read and interpret a legal document and provide advice to a conveyancing client within a range of contexts and environments.

It encompasses defining the nature of the document and identifying applicable legal principles governing the document and its function in the transaction; closely examining and interpreting the document to evaluate whether it protects and meet the needs of the client; advising the client on their rights and obligations under the document and, where necessary, advising on alternative courses of action and obtaining further instructions; attending to signing of the document by the client.

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:

FNSCNV502A Read and interpret a legal document and provide advice

Element:

7. Advise client

Performance Criteria:

7.1. Rights, responsibilities and liabilities of all parties are summarised and clearly communicated to the client
7.2. Client's specific rights, responsibilities and liabilities are stressed and clarified for the client
7.3. Legal issues and risks arising from the document are summarised and clearly communicated to the client
7.4. Non-legal issues and risks arising from the document are summarised and clearly communicated to the client
 

Element:

8. Clarify instructions

Performance Criteria:

8.1. Where it is considered the document does not adequately protect the interests of the client, or meet the client's other needs, alternative courses of action are determined and discussed with the client
8.2. Legal and non-legal consequences for each alternative are summarised and clearly communicated to the client
8.3. Client is assisted in selecting a course of action
 

Element:

9. Attending to signing the document

Performance Criteria:

9.1. Statutory and other rules governing signing and witnessing of documents, including deeds, are identified
9.2. Relevant rules governing signing and witnessing of documents are applied in the execution of the document by the client
 

Element:

 10. Document advice                   

Performance Criteria:

10.1. A file note recording the substance and details of the advice given to the client and the instructions received, is prepared
10.2. Correspondence confirming the advice given in relation to the document, and instructions received is despatched to client
10.3. Where the document is not signed in the conveyancer's office, clear and concise instructions on signing and witnessing document is included in correspondence dispatched to client
 

Element:

1. Define nature of the document

Performance Criteria:

1.1. The legal nature of the document is defined
1.2. The function and significance of the document in the conveyancing transaction is identified
 

Element:

2. Identify relevant legal principles

Performance Criteria:

2.1. Statutory and general law principles governing the document and its function in the conveyancing transaction are identified
2.2. Rules governing construction and interpretation of contracts and other legal documents are identified
2.3. Rules for use of precedents, standard form contracts, and statutory forms are identified
2.4. Appropriate legal research is carried out, as required
 

Element:

3. Identify interests of client

Performance Criteria:

3.1. Legal interests of the client in relation to the subject matter of the document are identified
3.2. Terms essential to protect the client's interests are identified
3.3. Non-legal interests and other needs of the client in relation to the subject matter of the document are identified
 

Element:

4. Check document for accuracy

Performance Criteria:

4.1. Parties, property, information and factual details are checked for accuracy and relevance
4.2. Annexures to the document are checked for accuracy and relevance
4.3. Where the document or an annexure is required to comply with a procedural or formal requirement, the document or annexure is checked for compliance
4.4. Where the document or an annexure comprises a statutory or prescribed form, it is checked for compliance with statutory and practice requirements
4.5. Information to be obtained from or provided to third parties or other professionals in relation to the document is identified
 

Element:

5. Examine document

Performance Criteria:

5.1. Applying relevant legal principles, the terms of the document are examined closely
5.2. Key terms are interpreted and analysed
5.3. Rights, responsibilities and liabilities of all parties, expressed or implied in the document, are identified and assessed
5.4. Any lack of conformity with client's initial instructions is identified
5.5. Any gaps, lack of certainty or ambiguity in language is identified
5.6. Any non-compliance with legal principles within the document is identified
 

Element:

6. Evaluate issues

Performance Criteria:

6.1. Legal issues and risks to the client arising from the document are identified
6.2. Non-legal issues and risks to the client are identified
6.3. Extent to which the document does or does not protect the interests of the client is identified
6.4. Key terms or points for negotiation with third parties or other professionals are identified
 


Learning Outcomes



Details of Learning Activities

This course is delivered in conjunction with FNSCNV Read and interpret a legal document and provide advice
Classes of 1 hours per week for 12 weeks as per the 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.
The week by week classes as per the teaching schedule below and assessments, including due dates, are subject to variation. Class teachers will to keep as close as practicable to that set out in this Part B Statement.

Course requirements: students consult timetable and are expected to attend all scheduled classes
Course support documents: see RMIT Blackboard
Student Induction: conducted prior to commencement of classes or during the first class and will cover the following: Blackboard, Overview of assessment requirements including Recognition of Prior Learning and Credit Transfers, Grading, Plagiarism, Appeals,Extensions,Feedback,Privacy, Submission requirements, Resubmission policy, Where to get support, Student responsibilities
 


Teaching Schedule

Week                          DateTopic        
Topics - Paul Ryan (PR)
7.30-8.30 weeks 1-12
                                                                                                           
                                                              ElementAssessment                                                 
1 08 JulyOverview
Exceptional Parties to Contract
 
  
2 15Introduction to Subdivisions
Types of subdivisions
Subdivisions Act
 
  
3 22Introduction to Subdivisions
Introduction to off the plan
Types of subdivisions
Subdivisions Act
 
 Off the plan assignment & Auction Assignment instructions disussion
4 29
Possibly RPL transition arrangements?
 
  
5 05 August
Owners Corporations and legislation
Off the Plan contracts
 
  
6 12
Owners Corporations and legislation
 
  
7 19

Owners Corporations and legislation
 
  
8 26Off the Plan contracts  
  Mid Semester Break 2/9 - 6/9  
9 09 September
GST, Land Tax
 
  
10 16

Stamp Duty,

  
11 23

Auction presentations

 Assignment due
12 30

Sale of Business Contract
Commercial Leases

  
13 07 October
Major test
Busm 7855C & Law 5713C
 
 Major test
Busm 7855C & Law 5713C
 
14 14   
15 21   
16 28  Major test Law 5711C&5712C
TAKE HOME RELEASED
 
1704 November   Major test Law 5711C&5712C


Learning Resources

Prescribed Texts


References


Other Resources


Overview of Assessment

Assessment may incorporate a variety of methods including technical requirements documentation, homework, assignments, group and/or individual projects, in class exercises, written and practical tests, problem solving exercises, presentations, direct observation of actual and simulated work practice, presentation of a portfolio of evidence which may comprise of documents, and/or photographs and/or video and audio files, review of products produced through work based or course activities.

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

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:

• identify legal documents correctly and read and interpret the meaning of legal documents for a client
• compare legal requirements with client needs
• consistently review legal documents accurately with attention to detail
• prepare relevant, accurate and timely advice to clients
• oversee a legal document signing
maintain accurate and thorough records
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:

1. MAJOR ASSIGNMENT, RELATED TO ALL COURSES

2.MAJOR TEST Law 5711C,Law 5712C
(TAKE HOME open book) (Paul’s content)

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

                             Elements                                                                 Assessment  1 Major Assignment                     Assessment 2 Open book take home test                             
1. Define nature of the document
 
   
 2. Identify relevant legal principles
 
   
 3. Identify interests of client
 
   
 4. Check document for accuracy
 
   
 5. Examine document
 
   
 6. Evaluate issues
 
   

 7. Advise client

   
 8. Clarify instructions
 
   
 9. Attending to signing the document
 
   
10. Document advice
 
   

Course Overview: Access Course Overview