Course Title: Apply legal principles in property law

Part B: Course Detail

Teaching Period: Term1 2016

Course Code: LAW5733C

Course Title: Apply legal principles in property law

School: 650T Vocational Business Education

Campus: City Campus

Program: C5347 - Diploma of Accounting

Course Contact : Ben Sethia

Course Contact Phone: +61 3 9925 5982

Course Contact Email:ben.sethia@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Teacher

Claudio Bozzi

claudio.bozzi@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 skills and knowledge required to research, analyse and apply legal principles to provide advice on property law matters to clients.

It applies to individuals whose job role involves the application of knowledge of property law in the workplace.

Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. This unit is designed to meet educational requirements of the Tax Practitioner Board (TPB). Refer to the FNS Implementation Guide Companion Volume or the relevant regulator for specific guidance on requirements.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

FNSTPB505 Apply legal principles in property law

Element:

4. Maintain legal knowledge

Performance Criteria:

4.1 Review client’s circumstances and apply any changes in relevant aspects of property law
4.2 Review relevant legal sources regularly and apply any changes in daily work
4.3 Access and use systems for keeping up with changes and maintain up-to-date knowledge about relevant legal aspects of property law

Element:

1. Research legal aspects of property law

Performance Criteria:

1.1 Identify client’s circumstances that require advice on property law matters
1.2 Research relevant property law and related legislation, regulation and practice
1.3 Identify different types of appropriate property transactions and clearly outline their legal context, establishment procedures and purpose
1.4 Identify relevant legal principles applying to property matters that are relevant to client circumstances

Element:

2. Analyse legal issues and risks associated with operation of a business

Performance Criteria:

2.1 Identify areas of risk in application of law in property matters
2.2 Analyse how legal issues impact on different types of legal entities and business structures
2.3 Evaluate relevance to client circumstances and implication of risks for structure, operation and performance of different types of legal entities and business structures

Element:

3. Apply knowledge of property laws to client circumstances

Performance Criteria:

3.1 Collect and collate client’s available information for analysis
3.2 Interpret, analyse and process available information to obtain required knowledge applicable to client circumstances
3.3 Seek advice and guidance of specialist if required, to interpret, analyse and synthesise client and legal information
3.4 Provide advice to client based on client’s circumstances and relevant law


Learning Outcomes



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 thought various technology platforms and include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.

The collaborative classroom based activities will include group discussion, group problem solving activities and opportunities to practice your skills in a simulated/real workplace environment.
We expect you to participate and contribute in all scheduled learning activities.
 


Teaching Schedule

Induction Session


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:
    • Recognition of Prior Learning and Credit Transfers
    • 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 Teaching Schedule for this course is as follows but please note that it is subject to change.

     Week Week CommencingTopics                                                             Assessment   
 1 08/02/16

Introduction to the course including:

- Course requirements and support documents/resources

- Course Blackboard access

- Accuracy of enrolment

- Assessment requirements/Cover Sheets

- Reminder re Plagiarism/Appeals

- Extensions/Resubmissions

- Feedback in this course

- Getting help

 

 
 2 150/2/16 Intro to Law and Property concepts 
 3 22/02/16 Native Title and Torrens System 
 4 29/02/16 Co-ownership Short Assessment
 5 07/03/16 Mortgages 
 6 14/03/16 Easements Feedback on Short Assessment
 7a 21/03/16 Covenants and Strata Title 
  24/03/16 - 30/03/2016 - Mid Semester Break 
 7b 28/03/16Covenants and Strata Title 
 804/04/16 Intro to Intellectual Property 
 911/04/16 Copyright 
1018/04/16 Trademarks 
 1125/04/16 Patents 
 1202/05/16 PPSA and Revision Research Project Due
 1309/05/16 Revision 
 1416/05/16 Revision and Feedback on Research Assignment Feedback on Research Project
1523/05/16 Final Assessment Final Test
 1630/05/16 Re-assessment Re-assessment

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 bit also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.


Learning Resources

Prescribed Texts


References


Other Resources


Overview of Assessment

In order to achieve competency in this unit, you must provide:

Performance Evidence

 Evidence of the ability to:

  • research for any changes to, or new, legislative requirements in relation to property law relevant to the client’s circumstances
  • apply current statute, common law and equitable principles in relation to property law that are relevant to the client’s circumstances
  • present a recommendation to the client after considering the client’s circumstances and relevant aspects of property laws

Knowledge Evidence

To complete the unit requirements safely and effectively, you must:

  • explain the operation of the Australian legal systems and processes relevant to property law including:
    • basic principles, current statute, common law and equitable principles
    • roles and responsibilities of key organisations
    • constitutional considerations
    • separation of powers
    • basic principles of the law of torts, particularly relating to negligence and negligent misstatement
    • courts and regulatory bodies
  • outline how laws are enacted and their underlying policy aims
  • explain how those laws may be interpreted by existing common law and equitable rules and applied to property laws
  • outline legal aspects of real property law:
    • the Torrens system
    • native title
    • leases – commercial and residential
    • mortgages and securities
    • easements
    • restrictive covenants
    • co-ownership
    • strata and community title
  • outline legal aspects of personal property law:
    • intellectual property law
    • patents
    • copyrights
    • trademarks
    • personal property securities law

Assessment Conditions

Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the tax and legal fields of work and include access to:

  • office equipment, technology, software and consumables
  • relevant legislation, regulations and codes of practice

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.

Feedback

Feedback will be provided throughout the semester in class and/or online discussions.  You are encouraged to ask and answer questions during class time and online sessions 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 Tasks

Overview of Assessment

 The assessments for this course have been designed to allow participants  apply their learning to particular simulated work scenarios and demonstrate their competence in a variety of ways.

TASK 1 Short Assessment  (Due Date: End of  Week 4 )

For this Assessment Task you will be required to answer 4 questions. Your answers will be between 200 (minimum) and 300 (maximum) words in length.


TASK 2 Research Project (Due Date: End of Week 12)

For this assessment task you will required to undertake independent research in various areas of Property Law. You will provide answers of 200 (minimum) to 300 (maximum) words in length.

 

TASK 3  Final Test (Due Date: End of Week 15)

For this assessment task you be required to undertake an open book test under exam conditions.  The test consists of multiple choice, short answer, and hypothetical advice questions.

 

You must successfully complete all assessment tasks to achieve competency.


Assessment Matrix

Other Information

Submission Requirements

You should:

• Ensure that you submit assessments on or before the due date.
• 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 each assessment task 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, Callie Harvey, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.


Late Submission Procedures


You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.


If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days. <check links are still current>


More Information: http://www.rmit.edu.au/students/assessment/extension


Form to use: http://mams.rmit.edu.au/seca86tti4g4z.pdf


Where an extension of greater than seven days is needed, you must apply for special consideration. Applications for special consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination. <check links are still current>
 

More Information: http://www.rmit.edu.au/browse;ID=g43abm17hc9w


Form to use: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf


Resubmissions (VET Programs):


If you are found to be unsuccessful in a Course Assessment Task you will be allowed one resubmission only. Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. The highest grade you will receive if your resubmission is successful is “CAG”.


If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.


Adjustments to Assessment


In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website: <check link is still current>
More Information: http://rmit.edu.au/browse;ID=7usdbki1fjf31

Marking Guide (Competency):

You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.

You will receive feedback on each assessment task that will inform you about your progress and how well you are performing.


Marking Guide (Grading)

After achieving competency we then grade your performance in the unit and you will achieve one of the following grades:

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.
 

Course Overview: Access Course Overview