Course Title: Take instructions in relation to a transaction

Part B: Course Detail

Teaching Period: Term1 2018

Course Code: BUSM7919C

Course Title: Take instructions in relation to a transaction

School: 650T Vocational Business Education

Campus: City Campus

Program: C5337 - Diploma of Conveyancing

Course Contact: Robert Sheen

Course Contact Phone: +61 3 9925 5759

Course Contact Email: robert.sheen@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Joanne Mackay

joanne.mackay@rmit.edu.au

9925 5540

Building 80, Level 5, Room 18

445 Swanston Street Melbourne

Nominal Hours: 120

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 skills and knowledge required to take instructions from a potential client in order to initiate a real estate, business or personal conveyancing transaction.

It applies to individuals who communicate with clients to establish the client’s needs, and identify conflicts of interest, parties, properties and other interests, and determine terms of engagement and contingency strategies.

Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. Refer to the relevant regulator for specific guidance on requirements.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BSBCNV501 Take instructions in relation to a transaction

Element:

1 Establish the client’s needs

Performance Criteria:

1.1 Identify, clarify and assess client needs and expectations in accordance with the practice's policy and procedures 1.2 Determine and discuss optional courses of action with client 1.3 Check information in relation to the transaction for accuracy and relevance 1.4 Obtain mutual agreement regarding responsibilities, obligations and expectations of all parties to the transaction 1.5 Record and document client's needs and responsibilities promptly and accurately

Element:

2 Identify any conflict of interest

Performance Criteria:

2.1 Identify and record existing or potential conflicts of interest associated with the transaction 2.2 Assess conflicts of interest to determine appropriate action for the client and practice, and promptly advise client of any necessary action

Element:

3 Identify parties, properties and other interests

Performance Criteria:

3.1 Accurately identify and explain the roles of various parties involved in the conveyancing transaction 3.2 Analyse and explain estates and interests in the property of the relevant transaction 3.3 Analyse documentation and titles to confirm facts pertaining to the transaction 3.4 Communicate accurately to the client the title and contract details and respective consequences

Element:

4 Determine terms of engagement

Performance Criteria:

4.1 Determine appropriate terms of engagement which comply with legislative, regulatory and practice requirements and articulate to client clearly and promptly 4.2 Establish and record client's agreement with terms 4.3 Obtain authorities from client and other relevant parties 4.4 Check estimates of fees, disbursements and time for accuracy and completeness and provide to client

Element:

5 Determine contingency strategies

Performance Criteria:

5.1 Assess contingencies relating to the transaction and advise the client 5.2 Determine contingency strategies and options and agree in consultation with client

Element:

6 Initiate the transaction

Performance Criteria:

6.1 Select a course of action which meets the client's needs and complies with legislative requirements and with the policies and procedures of the practice 6.2 Advise client of all actions to be implemented to meet their agreed needs and expectations 6.3 Confirm and promptly record instructions from client to proceed or not to proceed 6.4 Make referrals to other professionals or third parties where appropriate 6.5 Formally open, organise and document all relevant instructions, information, facts and evidence in client file


Learning Outcomes



Details of Learning Activities

A range of learning activities are planned for this course including self-paced and collaborative classroom-based activities.

The self-paced activities will be delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.

The collaborative classroom-based activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment.

We expect you to participate and contribute in all scheduled learning activities.


Teaching Schedule

Induction Session

Prior to training commencement a program level induction session will be conducted that comprises the following:
•Program overview and requirements
•MyRMIT/Canvas
•Overview of assessment requirements
•Pre-Training Review including:◦Recognition of Prior Learning and Credit Transfers
◦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 are a guide only and represent the total teaching time and student effort required to successfully complete this 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.

 

This schedule is subject to changes.

 

WEEK

No.

DATE

 

Topics – Joanne Mackay (JM) 

weeks 1-13, 15 

Topics Trish Barcatta

 weeks 1-12, 14, 16

Program and assessment  reminders

1

 

20  Feb

Apply Property Law Principles

Interests in Land,

Fixtures and Chattels

Modern Approach to statutory interpretation -

 

Discuss take home quiz

 

2

 

27 Feb

Co-ownership

Formation of business structures

 

3

 

 6 Mar

Title systems and Torrens title

Cases and legislation

Commence Law of Contract:

Introduction + Intention

 

 

4

 

13 Mar

Torrens title

Cases and legislation

 Offer and acceptance

Contracting electronically

 

5

 

20 Mar

Adverse Possession

 Consideration

 

6

 27 Mar

Mortgages

Capacity & Parties (or at home)

Terms, general and special conditions

 

 

 

29 Mar

 

to 4 April

 

RMIT EASTER BREAK

 

RMIT EASTER BREAK

 

    6

   

10 Apr

 

Mortgages

Mistake (if time), Misrepresentation + ACL misleading or deceptive conduct

Task 1 - Reflections due (Property law)

At home study exemption clauses and mistake

 

7

17 Apr

 

Leases and Tenancies

 

Duress, undue influence and

unconscionability

 

 

       8

24 Apr

Easements and Covenants

 Breach and remedies

 

9

 1  May

Finish content and Revision Property Law

 Revision Contract Law

At home study illegality

10

 8 May

In class open book assessment

 Major Property Law assessment

In class open book assessment

 Major Property Law assessment

Task 2 - Transaction in class assessment

 

11

 

15 May

 In class open book assessment

Major Contract Law assessment

 In class open book assessment

Major Contract Law assessment

 

 12

 22  May

 Property Resubmissions

Eligible Resits/ special consideration

 

 13

 29 May

Contract Resubmissions

Eligible Resits/ special consideration

 

 

 

 

 

 

 


Learning Resources

Prescribed Texts


References


Other Resources


Overview of Assessment

In order to achieve competency in this unit, you must provide:

Performance Evidence
Evidence of the ability to:

  • communicate effectively with a client and identify their needs
  • accurately interpret and document parties, properties and other interests and legal consequences
  • determine terms of engagement and contingency strategies
  • accurately record client details and requirements and initiate a transaction compliant with the practice’s policy and procedures and relevant legislation.

Knowledge Evidence
To complete the unit requirements safely and effectively, you must:

  • identify and explain key business principles and law applicable to take instructions for conveyancing, business and personal transactions
  • explain current definitions of conflict of interest within legislation and the industry, with examples of conflict of interest situations in a conveyancing transaction
  • identify and explain key current legislative, regulatory and industry practices, procedures and services
  • identify and describe key policies, procedures and business requirements of the practice
  • explain a range of professional and industry terminology
  • identify and discuss relevant consumer protection compliance and any legal consequences
  • identify and categorise relevant types of contract titles and other required documentation
  • compare and contrast types of transactions for personal, business or real estate conveyancing.

Assessment Conditions
Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the conveyancing field of work and include access to:

  • common office equipment, technology, software and consumables
  • suitable assessment records showing the establishment of a conveyancing client.              

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.

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.

You should take note of all feedback received and use this information to improve your learning outcomes and final performance in the course. Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.


Assessment Tasks

Assessment Task 1 - Reflections

For this assessment task you are required to write a letter to simulated clients to address the issues of co-ownership and the doctrine of fixtures.

Assessment Task 2 - In class supervised assessment

For this assessment task you will undertake a supervised assessment during your normal scheduled class. The assessment will include short answer and multiple choice questions and case study analysis. You will be permitted to refer to your resources, it is an open book assessment.

To be deemed competent you must satisfactorily complete all assessments.


Assessment Matrix

 The assessment matrix that maps all the assessment is available on CANVAS  

Other Information

 

Submission Requirements

 

You should:

 

  • Ensure that you submit assessments on or before the due date. 
  • 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 the Assessment task document that includes a declaration and statement of authorship.
  • 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.

Late Submission Procedures

You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.

If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days.

More Information:  https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/extensions-of-time-for-submission-of-assessable-work

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: https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/special-consideration

Resubmissions (VET Programs):

If you are found to be unsuccessful in a particular Course Assessment Task (or you do not submit/attend) you will be allowed one resubmission.  Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. 

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.

Grading & re-submissions

Successful re-submissions will contribute a CAG only (Competency Achieved Grading) result to your overall grade for the course.

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:

https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/adjustments-to-assessment

 

Marking Guide (Competency):

 

You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.

 

You will receive feedback on each assessment task that will inform you about your progress and how well you are performing.

 

 

Marking Guide (Grading)

 

After achieving competency we then grade your performance in the unit and you will achieve one of the following grades:

 

Final Grades table:

 

 

CHD

Competent with High Distinction

 

 

CDI

Competent with Distinction

 

 

CC

Competent with Credit

 

 

CAG

Competency Achieved – Graded

 

 

CA

Competency Achieved – Not 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.

 

Course Overview: Access Course Overview