Course Title: Land contracts

Part B: Course Detail

Teaching Period: Term2 2014

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

Paul Ryan co-ordinator

building 80

level 5

Tel. 9925 5466

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

A range of learning experiences are planned for this course including class and online activities, group problem solving and group debates.


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

17th 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

Revision & negligence topic

 
214th July Development of multiple ownership: company share, stratum titles, strata & cluster titles 
321st July

 Subdivision process

 

428th JulySelling lots on a plan of subdivision S. 32 requirements  
 
54th Aug Selling lots on a plan of subdivision Contract of Sale requirements 
611th Aug

General and Special conditions

 

718th  Aug Owners’ Corporation part 1 
825th Aug Owners’ Corporation part 2 
   1-7 September -  Mid Semester break
98th Sep

  Investigation of title & exceptional parties to contracts

 Off the plan assignment due
(50 marks)
1015th Sep

Stamp duties & Land Tax

 

1122nd Sep

 GST & CGT in Conveyancing

  

1229th Sep

Sale of Business part 1

 

136th Oct

 Sale of Business part 2

 
1413th Oct

 Sale of business part 3

 
1520st Oct Revision 
1627th Oct Final test - 2 hours - open book
 
 Final test 2 hours


Learning Resources

Prescribed Texts

There is no prescribed text


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 Libbis + Cocks _ConveyanceWorks – Law Crest
 


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:

• 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

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

• Knowledge of Criminal Law relating to criminal procedures, substantive aspects of criminal offences as defined in legislation, and law reforms
• Explaining the concept of crime and criminal law in society
• Investigating criminal procedures and the possible penalties for a criminal offence
• Analysing elements of criminal offences of manslaughter and murder
• Assessing the available defences to particular offences
• Analysing the key elements required for strict and absolute liability offences

In order to pass this course you must successfully complete 3 assessment tasks:

Assessment Task 1 - Off the plan letter of advice worth 50 marks
Due Date: week 9

Submission Procedure: By hand to teacher

The purpose of this assessment is to ask students to apply their knowledge to an off the plan purchase by writing a very detailed letter of advice to a prospective purchaser.  In the letter pointing out the pros and cons of the contract and any necessary deletions and amendments that should be made to the proposed Contract of Sale.

Assessment Task 2 - Open book test 2 hours plus 30 minutes reading time (worth 50 marks)
Due Date: week 16
Submission Procedure: In class test

The purpose of this assessment is to test the students’ knowledge of matters covered in weeks 10-15 inclusive by applying it to fact situations and , in particular, to a contract for the sale of a business.

 

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:

80-100HDHigh Distinction
70-79DIDistinction
60-69CRCredit
50-59PAPass
0-49NNFail
DNSDNSDid Not Submit for 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.  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