Course Title: The conveyancing process

Part B: Course Detail

Teaching Period: Term2 2015

Course Code: LAW5190

Course Title: The conveyancing process

School: 650T Vocational Business Education

Campus: City Campus

Program: C6106 - Advanced Diploma of Legal Practice

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

Joanne Mackay (Course co-ordinator)
Building 80, Level 5, room 18

Tel.9925 5540

joanne.mackay@rmit.edu.au

Nominal Hours: 51

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

Pre-requisites:  VU20111 Legal Process and VU20109 Property Law

Course Description

The purpose of this module is to provide skills in the field of land contract law as might be relevant to a person working in a legal office, conveyancing department or office, financial institution or bank loans or mortgage department or other allied area requiring a comprehensive knowledge of the documents and procedure encountered in conveyancing transactions for the sale and purchase of Victorian land, and the effect of the relevant and associated legislation.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU20114 The conveyancing process


Learning Outcomes


Upon successful completion of this course you will be able to:

Learning Outcome 1 - Specify the main features of the law of contract relevant to contracts for the sale of land.
Assessment criteria
1.1 Outline the principles and minimum requirements for a contract for the sale of land.
1.2 Identify factors that could lead to a contract being void or voidable.

Learning Outcome 2 - Determine the extent to which written evidence is required for a contract in relation to the sale of land to be enforceable and the nature and terms implied by common law and equity where there is no express term.
Assessment criteria
2.1 Determine and discuss the formal requirements of a contract for the sale of land.
2.2 Describe the nature of an open contract
2.3 Outline the terms implied by common law or equity into a contract where there is no express provision with reference to:
       • Who carries the risk of damage or destruction of the property following the sale
       • The vendor’s obligations in relation to preservation of the property following sale
       • The vendor’s obligation to disclose defects in title and give a good title free of undisclosed defects
       • The circumstances in which the caveat emptor principle applies
       • Terms implied as to the time for performance of the contract and whether time is of the essence of the contract.

Learning Outcome 3 - Specify and analyse the terms that are commonly expressly included in a contract for the sale of land and remedies for breach of the terms
Assessment criteria
3.1 Outline the form and content of the standard contract prescribed by the Estate Agents (Contracts) Regulations.
3.2 Analyse conveyancing procedures and obligations that arise from the contract for the sale of land and relevant case examples.

Learning Outcome 4 - Analyse legislation that regulates contracts for the sale of land.
Assessment criteria
4.1 Outline and detail the provisions of the Sale of Land Act relating to terms contracts.
4.2 Specify what is meant by the purchaser’s right to “cool off”.
4.3 Analyse the requirements of a vendor’s statement pursuant to Section 32 of the Sale of Land Act.
4.4 Outline statutory provisions relating to who bears the risk of damage or destruction of premises and in relation to insurance of premises.
4.5 Describe the provisions of the Sale of Land Act relating the way in which a deposit must be dealt with including the provisions relating to release of the deposit prior to settlement.
4.6 Describe the regulation of swimming pools as relevant to a conveyancing transaction.

Learning Outcome 5 - Analyse the law relating to defective building work and illegal structures in the context of sales of land.
Assessment criteria
5.1 Determine the principles of the common law in relation to the sale of land which includes a defectively constructed or incomplete building.
5.2 Analyse the provisions of the Domestic Building Contracts Act 1995 in relation to:
       • Implied warranties’
       • Obligations of a builder in relation to major domestic building contracts
5.3 Outline the provisions of the Building Act in relation to:
       • Insurance obligations of builders
       • Obligations of an owner builder who sells a building
       • Warranties required in contracts for the sale of property by an owner builder
5.4 Outline the role of the Victorian Civil and Administrative Tribunal in relation to disputes relating to domestic building work.
5.5 Define the term ‘illegal structure’. Analyse the law relating to a sale of land on which there is an illegal structure.

Learning Outcome 6 - Analyse the role of estate agents in the sale process and the law relating to the conduct of auction sales of real estate.
Assessment criteria
6.1 Examine the terms of the contracts used to engage agent.
6.2 Describe the legal and ethical obligations of the agent to the vendor and the purchaser.
6.3 Describe the law and practice relating to the conduct of auction sales of real estate in relation to:
       • Rules for the conduct of the auction
       • The provisions of Division 4 of the Sale of Land Act including those relating to dummy bids and vendor’s bids


Details of Learning Activities

A range of learning experiences are planned for this course including class and online activities,  use of various online databases.


Teaching Schedule

This course is codelivered with COMM5928C Make a presentation (BSBCMM401A).

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

Conveyancing Process

Make a Presentation

(co-delivered)

Assessment Tasks

Competencies Delivered
1 6 July

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

Course Overview – The conveyancing process in legal and conveyancing practice

Introduction the real estate industry
 

  

LAW5190 (VU20114)
COMM5928C (BSBCMM401A)

2 13 July Real Estate IndustryUnderstanding the Target audience 

LAW5190 (VU20114)
COMM5928C (BSBCMM401A)

3 20 July

Commonly used forms of contracts of sale of land.

Analyse contract and vendor’s statement,
 

Understanding the Target audience

 

LAW5190 (VU20114)
COMM5928C (BSBCMM401A)

4 27 July

Finance Clauses, Cooling-off

File processes, searches and certificates

Presentation strategies, format and delivery methods  
 

LAW5190 (VU20114)
COMM5928C (BSBCMM401A)

5 3 Aug

Vendor’s (s.32) statements,

Read case study cases

Presentation aids, materials and techniques 

LAW5190 (VU20114)
COMM5928C (BSBCMM401A)

6 17 Aug

examine auction report requirements and plan auction attendance

Contravention of s.32 Sale of Land Act

Verbal and non-verbal communication

release auction instructions

LAW5190 (VU20114)
COMM5928C (BSBCMM401A)

7 24 AugCASE SUMMARY - Presentation  Audience interest

CASE SUMMARY - Presentation and

25% report

LAW5190 (VU20114)
COMM5928C (BSBCMM401A)

8 31Aug               

Contravention of s.32 Sale of Land Act

Domestic Building legislation, Illegal structures, Consumer legislation

  

LAW5190 (VU20114)
COMM5928C (BSBCMM401A)

 

 31 Aug-4 Sept

 SEMESTER BREAK   
9

 7 Sept                    

Deposits, Insurance, caveats  

LAW5190 (VU20114)
COMM5928C (BSBCMM401A)

10 14 SeptAUCTION PRESENTATIONSReinforcing messages and improving understanding

Presentation and 25% report

LAW5190 (VU20114)
COMM5928C (BSBCMM401A)

11 21 Sept


AUCTION PRESENTATIONS
 

Summarising and Review

  AUCTION REPORT DUE

LAW5190 (VU20114)
COMM5928C (BSBCMM401A)

12 28 Sept

WIL PLACEMENT

  

 

13 5 Oct

WIL PLACEMENT

 

 

14 12 Oct

Adjustments, Settlement, Breach of contract,  

Revision

  

LAW5190 (VU20114)

15 19 OctClass Test- 2 hour open book (or week 16 according to group final test schedule)  50% Open Book Final Test

LAW5190 (VU20114)

16 26 OctFeedback Interviews  

LAW5190 (VU20114)
COMM5928C (BSBCMM401A)


Learning Resources

Prescribed Texts


References

Libbis, Simon. Conveyancing Victoria 2015, Hybrid Press, available from publisher at student discount.


Other Resources

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 and may include:

• case study analysis
• short answers questions
• written assignments/tests
• oral presentations
• projects
• reports

Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant module standards are being met.


Assessment Tasks

To pass this course, you need to demonstrate you are competent to the industry standard as required of a paralegal. To achieve this, you must complete all assessments to an acceptable industry standard.  

For COMM5928C Make a presentation (BSBCMM401A), only Assessments 1 and 2 must be completed to an acceptable standard (competency based).

To demonstrate achievement of the learning outcomes in this course the following evidence is essential:

LAW5190 The Conveyancing Process (VU20114)

  • Knowledge of the legislation, principles and practices that regulate contracts for the sale and purchase of land including auction sales
  • Investigation of documents, procedures and obligations relevant to complete a conveyancing transaction
  • Analysis of the law relating to defective building work and illegal structures in the context of sales of land
  • Examination of statutory intervention in contracts of the sale of land
  • Analysis of law and practices specifically relating to auction sales
  • Examination of terms implied by courts and commonly expressed contained in contracts for the sale of land

COMM5928C Make a presentation (BSBCMM401A):

  • preparation, delivery and evaluation of the effectiveness of at least two presentations related to the candidate’s occupation or area of interest
  • knowledge of the principles of effective communication.

Assessment Task 1 - Case Summary - Presentation  (VU20114 - The Conveyancing Process and  BSBCMM401A Make a presentation)
Students will be required to summarise a particular case, and then in pairs, advocate the case for either the plaintiff / defendant or appellant / respondent. The case summary should be approximately 1 page and must be handed in, and shared with the rest of the class.
Due Date: week 7
Submission Procedure:  In classpresentationand written case summary.

Assessment Task 2 -  Auction Report  (VU20114 - The Conveyancing Process and BSBCMM401A Make a presentation)
Students will be required to attend an auction of sale of land. Students are to choose their own auction (not a group activity). After attending the auction, students will required to review aspects of the auction as they relate to the core competencies for both LAW5190 - The Conveyancing Process and COMM5928C Make a presentation. Students will be required to submit a written report, and present their findings in class.

Due Date: Weeks 10 &  11 - Presentations  (Week 11 - final Report submission).
Submission Procedure: Auction Report to be submitted in class with associated documents. Report only to be submitted on Blackboard via Turnitin.

Assessment Task 3 - Final Test (VU20114 - The Conveyancing Process ONLY)
The purpose of this assessment is to all learning outcomes for VU20114 - The Conveyancing Process

Due Date: Week 15
Submission Procedure: Final supervised in class open book 2 hour test


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 Matrix

Marking Guide:
You will receive feedback on each assessment task that will inform you how well you are performing.
Please refer to the Final Grades table below:

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 LAW 5190 The Conveyancing Process

80-100HDHigh Distinction
70-79DIDistinction
60-69CRCredit
50-59PAPass
0-49NNFail
DNSDNSDid not submit for assessment

 

COMM 5928C – Make a Presentation 

CHD     Competent, with High Distinction                        
CDICompetent with Distinction
CCCompetent, with credit
CAGCompetent, with Pass
NYCNot yet competent
DNSDid not submit assessment

Further information regarding the application of the grading criteria will be provided by your teacher.

Other Information

Submission Requirements
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 extensions of time. (Please refer to the information in the Late Submission Procedure section below)
   • If you have a long term medical condition and/or disability it may be possible to negotiate to vary aspects of the learning or assessment methods. You can contact the program manager or the Disability Liaison Unit if you would like to find out more.
• 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 a footer with your name, student number, the title of the assessment,
unit code and title and page numbers.

Late Submission Procedures

If you are prevented from submitting an assessment on time, by circumstances outside your control, you must apply in advance for an extension to the due date of up to seven calendar days.
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.
More Information: http://www.rmit.edu.au/browse;ID=g43abm17hc9w
Form to use: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf

Resubmissions:
If you fail an assessment  you will be allowed one resubmission, only in COMM 5928C Make a Presentation.  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 Pass.  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:
More Information: http://www.rmit.edu.au/browse;ID=kehn9bz22r41

Course Overview: Access Course Overview