Course Title: Read and interpret a legal document and provide advice
Part B: Course Detail
Teaching Period: Term2 2015
Course Code: LAW5711C
Course Title: Read and interpret a legal document and provide advice
School: 650T Vocational Business Education
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
Course coordinator: Paul Ryan
Telephone: +61 3 9925-5466
Email: paul.ryan@rmit.edu.au
Building 80 level 5.18-008
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: |
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: |
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: |
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: |
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 |
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: |
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: |
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 |
Learning Outcomes
Details of Learning Activities
A range of learning experiences are planned for this course including class and online activities relevant to make decisions in a legal context topics.
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 |
| 1 | 07 July |
1. Introduction to the Course including: Revision & negligence topic |
|
| 2 | 14 July |
Development of multiple ownership: company share, stratum titles, strata & cluster titles |
|
| 3 | 21 July |
Subdivision process |
Task 1 Assignment distributed |
| 4 | 28 July |
Selling lots on a plan of subdivision S. 32 requirements |
|
| 5 | 04 August | Selling lots on a plan of subdivision Contract of Sale requirements | |
| 6 | 11 August | Owners’ Corporation part 1 | |
| 7 | 18 August | Owners’ Corporation part 2 | |
| 8 | 25 August | General and Special conditions | |
| Mid Semester Break Monday 31/8 - Friday 4/9 | |||
| 9 | 07 Sept | Investigation of title & exceptional parties to contracts | Task 1 – Assignment – Off the Plan Purchase Due |
| 10 | 14 Sept | Stamp duties & Land Tax | |
| 11 | 21 Sept | GST & CGT in Conveyancing | |
| 12 | 28 Sept | Sale of Business part 1 | |
| 13 | 05 Oct | Sale of Business part 2 | |
| 14 | 12 Oct | Revision | |
| 15 | 19 Oct | Task 2 – In class supervised Assessment Due | Task 2 – In class supervised Assessment Due |
| 16 | 26 Oct | Task 3 – Assignment – Sale of Business Contract | Task 3 – Assignment – Sale of Business Contract |
Learning Resources
Prescribed Texts
There is no prescribed text, but on MyRMIT Studies there are detailed Class Notes |
References
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 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
Co-delivered and Co-assessed Competency :LAW5712C Prepare Legal Documents
To be deemed competent in this course the following evidence 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
Students must successfully complete three assessment tasks to be deemed competent for these co-delivered and co-assessed competencies
Task 1 – Assignment – Off the plan purchase
For this assessment task you be provided with workplace scenario with a detailed contract relating to an off the plan purchase. You will need to examine and analyse the terms and conditions of the contract and make notes in relation its specifications. You will use these notes to write a letter of advice to you client about the off the plan purchase.
Due: Week 9
Task 2 – In Class Supervised Assessment
For this assessment task you will be required to complete a ninety-minute open book in class supervised assessment. You will be required to answer a series of theoretical and practical questions relating to the investigation of title and exceptional parties to contract, Stamp Duty and Land Tax and GST & CGT in Conveyancing.
Due: Week 15
Task 3 – Assignment – Sale of Business Contract
For this assessment task you be provided with workplace scenario with a detailed business contract relating to the purchase of a business. You will need to examine and analyse the terms and conditions of the contract and make notes in relation its specifications. You will use these notes to write a letter of advice to your client about the purchase. In your advice you u should refer to the important aspects of the contract including any changes your consider to make to the contract, general conditions and schedules, including special conditions, lease arrangements; section 52/Form 2, taxes and financial advice referrals.
Due: Week 16
Assessment Matrix
Marking Guide (Competency):
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 (Grading)
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.
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.
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 (VET Programs):
If you are found to be Not Yet Competent 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:
More Information: http://www.rmit.edu.au/browse;ID=kehn9bz22r41
Course Overview: Access Course Overview