Course Title: Land contracts

Part B: Course Detail

Teaching Period: Term2 2013

Course Code: LAW5195

Course Title: Land contracts

School: 650T TAFE Business

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

Telephone 9925 5466 Paul Ryan
Course Contact Phone +61 3 9925 5466
Course Contact Email paul.ryan@rmit.edu.au
Location Building 80 level 5

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

Course Description

The purpose of this module is to provide detailed examination and analysis skills of criminal law as might be relevant to a person working in a legal office, for a legal aid provider or government department or in a criminal justice context and incorporates a study of criminal procedure, substantive aspects of criminal offences as defined in legislation and at common law and evaluation of law reform issues.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU20119 Land contracts


Learning Outcomes


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

Learning Outcome 1 - Analyse the duties of a conveyancer and real estate agent under the law of contract and the law of tort.
Assessment criteria
1.1 Distinguish the various parties to different contracts.
1.2 Identify and assess the basis of liability at tort.
1.3 Assess the basis of liability at contract.
1.4 Outline and determine the remedies available to the aggrieved party arising from a breach.
1.5 Report on the duties that attach to the conveyancer under the law of contract and the law of tort, with application to different fact situations.

Learning Outcome 2 - Identify and assess the various types of property subdivision and determine the typical clauses incorporated in certain contracts of the sale of land.
Assessment criteria
2.1 Identify the characteristics of the following types of property subdivisions.
2.2 Specify the nature of drafting contracts and factors, which must be considered when drafting contracts for various types of property/land sale.
2.3 List the advantages and disadvantages of ownership of the different types of subdivisions identified in 2.1.
2.4 Examine the rules in the Subdivision (Body Corporate) Regulations, and determine their application.
2.5 Determine the circumstances which require special clauses in contracts, and examine examples.
2.6 Assess the provisions of contract terms provided by statutes.

Learning Outcome 3 - Distinguish between General Law and Torrens titles and the conveyancing procedures that are common to both systems. Analyse the procedure to be adopted in the investigation of the title held by the vendor in the sale of land.
Assessment criteria
3.1 Research and outline the elements of a General Law title.
3.2 Identify and detail the procedures for investigating a Torrens title and examine examples.
3.3 Distinguish and assess the procedures which are common to both the General Law and Torrens titles systems analysis.
3.4 Analyse with reference to appropriate examples the results of investigation, to assess whether the vendor has given good title.

Learning Outcome 4 - Analyse government office procedures relevant to the conveyancing process.
Assessment criteria
4.1 Evaluate the principles and specify the requirements of Duties Act.
4.2 Outline the procedures commonly encountered at the Land Registry Office.
4.3 Analyse and complete examples of relevant Land Registry Office forms used in practice.
4.4 Identify and analyse the role of the local council.

Learning Outcome 5 - Analyse and assess special actions to be taken when a party to a contract is other than the registered owner. Distinguish between the powers, obligations and responsibilities of the different parties to the contract.
Assessment criteria
5.1 Report on the powers and responsibilities of Executors and Trustees of Deceased Estates.
5.2 Specify the powers and responsibilities of the trustees of Bankrupt Estates.
5.3 Analyse the powers and responsibilities of corporations under the Corporations Law.
5.4 Assess the powers and responsibilities of corporations under a Special Act of Parliament and other incorporated bodies.
5.5 Determine other relevant legislation and its impact on the capacity of certain parties.
5.6 Analyse different fact situations dealing with various parties and solve by application of the appropriate law.

Learning Outcome 6 - Analyse and assess conveyancing procedures and identify the terms relevant to a sale and purchase of a small business, and specify the special duties imposed on a conveyancer in this area.
Assessment criteria
6.1 Determine the provisions and area of operation of the Estate Agents Act.
6.2 Determine and assess the application of a sample contract with regard to the sale of a small business with reference to general conditions, special conditions and particulars of sale.
6.3 Determine and apply to relevant examples general considerations regarding the sale of a business.
6.4 Specify the special duties imposed on a conveyancer in the sale of a small business.
6.5 Analyse a model fact situation and apply statutory provisions and standard forms


Details of Learning Activities

Students will study Land Contracts skills and theory in class sessions and through prescribed exercises and assessment work. These concepts will also be explored through the investigation of appropriate real world and simulated environments.

Classes of 3 hours per week for 16 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

  Weekly Schedule 
Tuesday classesDate week beginsTopicsAssessment
 Week 108 JulyRevision & negligence topic3 students to give presentations on previous class each week (20 marks) 
Week 215Development of multiple ownership: company share, stratum titles, strata & cluster titles 
Week 322Subdivision process 
Week 429Selling lots on a plan of subdivision S. 32 requirements 
Week 505 AugustSelling lots on a plan 0f subdivision Contract of Sale requirements 
Week 612Owners’ Corporation part 1 
Week 719Owners’ Corporation part 2 
Week 826General and Special conditions 
  Mid semester break 
Week 909 September General and Special conditions 
week 1016 Investigation of title & exceptional parties to contracts Off the plan assignment due (40 marks)
Week 1123Stamp duties & Land Tax 
Week 1230Sale of Business part 1 
Week 1307 OctoberSale of Business part 2 
Week 1414Revision 
Week 1521 Final test - 2 hours - open book Final test open book (40 marks)
Week 1628Deferred assessment and Assessment review 


Learning Resources

Prescribed Texts

There is no prescribed text, but there are detailed class notes on my RMIT studies (aka blackboard)


References

Voumard _ The Sale of Land LawBook Co. 5th edition by Wikrama

CCH – Victorian Conveyancing Law and Practice – online In RMIT Business Library

Simon Libbis_ Subdivisions with the Lot – Law Crest (loose leaf) on reserve in library

Land Titles Office _ The Lodging Book – version 4.1 on Land Victoria online site The ABC of Victorian Bodies Corporate - Rebecca Leshinsky - Law Crest

Libbis + Murphy _ ConveyanceWorks_ Law Crest


Other Resources

Acts and subordinate legislation (Victoria & Commonwealth)

Duties Act 2000

Estate Agents Act 1980

Property Law Act 1958

Sale of Land Act 1962

Subdivision Act 1988

Owners’ Corporation Act, 2006

Owners’ Corporation Regulations 2007

Subdivision (Body Corporate) Regulations 2001

Subdivision (Procedures) Regulations 2000


 


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:

• Test/written examination
• case study analysis
• short answers questions
• written assignment
• oral presentations
• project (s)

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

1.Reflections 20%
2.Assignment 40%
3.Final Test 40%

Description of Assessments

Assessment 1 – at the start of each class 3 students are each to present a summary of an aspect of the previous week’s class as revision of what was covered. The presentations can be in whatever form you like e.g. powerpoint etc and they should take 5 minutes each. Your notes, powerpoints are to be either given to Paul Ryan in hard copy or immediately emailed at the end of your presentation. You will be marked out of 20 marks. The idea is for students to help each other to understand fairly complex concepts.
Assessment 2 will require a letter of advice (about 7 A4 pages written in 1.5 spacing) relating to an off-the–plan purchase. This contract is detailed and difficult. It will be handed out in week 3 so that students can commence examining the terms and conditions and making notes. Hints will be given in classes 3-8. The assessment will be due in in week 10 & is worth 40 marks.
Assessment 3 is the final open book test worth 40 marks scheduled for week 15. At least half the marks will relate to a Sale of Business contract. Test will be 2 hours plus reading time.
 


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

Assessment Grading
HD High Distinction 80-100
DI Distinction 70-79
CR Credit 60-69
PA Pass 50-59
NN Pass 0-49

Critical aspects of assessment
• Knowledge of the land contract law including conveyancing
duties of care, investigation of title, parties and procedures,
sale of small business and subdivision rules
• Distinguishing the powers, obligations and responsibilities of
the different parties to the contrac


Assessment completion requirements

You are required to complete 3 assessment 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.

Assessment submission requirements

Assessment tasks need to be submitted via turnitin on 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

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


Assessment Matrix

Learning outcomeReflections 20%Written assignment 40%Final test 40%
Analyse the duties of a conveyancer and real estate agent under the law of contract and the law of torts. X X 
Identify and assess the various types of property subdivision and determine the typical clauses incorporated in certain contracts of the sale of land. X X 
Distinguish between General Law and Torrens titles and the conveyancing procedures that are common to both systems. Analyse the procedure to be adopted in the investigation of the title held by the vendor in the sale of land.X   X
Analyse government office procedures relevant to the conveyancing process. X X X
Analyse and assess special actions to be taken when a party to a contract is other than the registered owner. Distinguish between the powers, obligations and responsibilities of the different parties to the contract. X X X
Analyse and assess conveyancing procedures and identify the terms relevant to a sale and purchase of a small business, and specify the special duties imposed on a conveyancer in this area. X  X

Other Information

This is a difficult couse which follows on from Conveyancing Process and Law of Contract.  It is imporant in legal practice.  We will endeavour to make it interesting. 

Audios of all classes will be made available on blackboard after each class.

Also, suggested answers to questions discussed in class are made available on blackboard after each class.

Week by week teaching schedule is subject to variation, You should always check, before your classes, Blackboard Announcements and student emails for changes.
 

Course Overview: Access Course Overview