Course Title: Prepare legal documents
Part B: Course Detail
Teaching Period: Term2 2015
Course Code: LAW5712C
Course Title: Prepare legal documents
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 prepare legal documents to support a conveyancing transaction on behalf of a client, and encompasses identifying the legal nature of the document and its preparation and suitability for purpose.
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: |
FNSCNV504A Prepare legal documents |
Element: |
1. Legal nature and relevance of the document is determined |
Performance Criteria: |
1.1. The legal nature of the document is identified 1.2. The function and significance of the document in the conveyancing transaction is determined 1.3. Statutory and general law principles governing the document and its function in the conveyancing transaction are identified and applied 1.4. The structure of the document is determined |
Element: |
2. Prepare legal document |
Performance Criteria: |
2.1. Rules governing construction and interpretation of contracts and other legal documents are identified and applied 2.2. Rules for use of precedents, standard form contracts, and statutory forms are identified and applied 2.3. Principles of legal drafting are employed including the use of plain language |
Element: |
3. Review document against client's needs |
Performance Criteria: |
3.1. Terms essential to protect the client's interests are identified and drafted 3.2. Any lack of conformity with the client's instructions is identified and rectified |
Element: |
4. Check document for accuracy |
Performance Criteria: |
4.1. Parties, property information and factual details are checked for accuracy 4.2. Annexures to the document are checked for accuracy and relevance 4.3. Gaps, lack of certainty or ambiguity in language are identified and corrected 4.4. Non-compliance with legal principles within the document is identified and rectified |
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 | 06 July |
1. Introduction to the Course including: Revision & negligence topic |
|
2 | 13 July |
Development of multiple ownership: company share, stratum titles, strata & cluster titles |
|
3 | 20 July |
Subdivision process |
Task 1 Assignment distributed |
4 | 27 July |
Selling lots on a plan of subdivision S. 32 requirements |
|
5 | 03 August | Selling lots on a plan of subdivision Contract of Sale requirements | |
6 | 10 August | Owners’ Corporation part 1 | |
7 | 17 August | Owners’ Corporation part 2 | |
8 | 24 August | General and Special conditions | |
Mid Semester Break 31/9 - 6/9 | |||
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 :LAW5711C Read and interpret a legal document and provide advice
To be deemed competent in this course the following evidence is essential:
◾identify suitable legal document requirements based on client’s needs
◾prepare accurate and effective documents that comply with legal requirements
◾identify errors, inconsistencies and omissions in legal documents.
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