Course Title: Read and interpret a legal document and provide advice

Part B: Course Detail

Teaching Period: Term2 2016

Course Code: LAW5727C

Course Title: Read and interpret a legal document and provide advice

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

Course Coordinator:

Paul Ryan
9925 5644
paul.ryan@rmit.edu.au
Building 80, Level 5, Room 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 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 and function of the document in the transaction and advising the client about their rights, obligations and alternative courses of action, if required.

It applies to individuals who apply specialised knowledge and pay close attention to detail when interpreting and analysing complex legal documentation and providing advice to others.

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:

BSBCNV502 Read and interpret a legal document and provide advice

Element:

1 Define nature of document

Performance Criteria:

1.1 Define the nature of the legal document
1.2 Identify the function and significance of the document in the conveyancing transaction

Element:

10 Document advice

Performance Criteria:

10.1 Prepare a file note recording the substance and details of the advice given to the client and the instructions received
10.2 Despatch correspondence to client confirming the advice given in relation to the document and instructions received
10.3 If the document is not signed in the conveyancer’s office, include, in correspondence dispatched to client, clear and concise instructions on signing and witnessing the document

Element:

2 Identify relevant legal principles

Performance Criteria:

2.1 Identify statutory and general law principles governing the document and its function in the conveyancing transaction
2.2 Identify rules governing construction and interpretation of contracts and other legal documents
2.3 Identify rules for use of precedents, standard form contracts, and statutory forms
2.4 Conduct appropriate legal research, as required

Element:

3 Identify interests of client

Performance Criteria:

3.1 Identify legal interests of the client in relation to the subject matter of the document
3.2 Identify terms essential to protect the client’s interests
3.3 Identify non-legal interests and other needs of the client in relation to the subject matter of the document

Element:

4 Check document for accuracy

Performance Criteria:

4.1 Check parties, property, information and factual details for accuracy and relevance
4.2 Check annexures to the document for accuracy and relevance
4.3 Check the document or an annexure for compliance if it is required to comply with a procedural or formal requirement
4.4 Check the document or annexure for compliance with statutory and practice requirements if it comprises a statutory or prescribed form
4.5 Identify information to be obtained from or provided to third parties or other professionals in relation to the document

Element:

5 Examine document

Performance Criteria:

5.1 Closely examine the document and interpret and analyse relevant legal principles and key terms
5.2 Identify and assess rights, responsibilities and liabilities of all parties, expressed or implied in the document
5.3 Identify any lack of conformity with client’s initial instructions and any gaps, lack of certainty or ambiguity in the language
5.4 Identify any non-compliance with legal principles within the document

Element:

6 Evaluate issues

Performance Criteria:

6.1 Assess legal and non-legal issues and risks to the client arising from the document
6.2 Interpret extent to which the document does or does not protect the interests of the client
6.3 Interpret key terms or points for negotiation with third parties or other professionals

Element:

7 Advise client

Performance Criteria:

7.1 Summarise and clearly communicate rights, responsibilities and liabilities of all parties to the client, including specific rights of the client
7.2 Summarise and clearly communicate legal and non-legal issues and risks arising from the document to the client

Element:

8 Clarify instructions

Performance Criteria:

8.1 Determine and discuss alternative courses of action with the client where it is considered the document does not adequately protect the interests of the client, or meet the client’s other needs
8.2 Summarise and clearly communicate legal and non-legal consequences for each alternative to the client
8.3 Assist client in selecting a course of action

Element:

9 Attending to signing the document

Performance Criteria:

9.1 Identify statutory and other rules governing signing and witnessing of documents, including deeds
9.2 Apply relevant rules governing signing and witnessing of documents in the execution of the document by the client

Learning Outcomes



Details of Learning Activities

 

 


Teaching Schedule

Note: LAW5727C Read and Interpret a Legal Document is co-delivered and co-assessed with LAW5729C Prepare Legal Documents

 

Week

Topic

Assessment

Week 1 – 5 Jul

Sale of Business part 1

 

Task 1 Assignment discussed

Week 2 – 12 Jul

Sale of Business part 2

 

 

Week 3 – 19 Jul

Sale of Business part 3

 

 

Week 4 – 26 Jul

Development of multiple ownership: company share, stratum titles, strata & cluster titles

 

Week 5 – 2 Aug

Subdivision process

Sale of Business Assignment due (30 marks). Task 2 Assignment discussed.

Week 6 – 9 Aug

Selling lots on a plan of subdivision S. 32 requirements

 

Week 7 – 16 Aug

Selling lots on a plan of subdivision Contract requirements

 

Week 8 – 23 Aug

General and Special conditions

 

Mid Semester Break (Student Vacation) – Aug 29-Sept 2 (does not match school holidays)

Week 9 – 6 Sept

Owners’ Corporation part 1 at 7.30 pm

 

Week 10 – 13 Sept

Owners’ Corporation part 2

 

Week 11 – 20 Sept

Investigation of title & exceptional parties to contracts

Assessment 2 off the plan letter assignment (50 marks)

Week 12 – 27 Sept

Stamp duties & Land Tax

 

Week 13 – 4 Oct

GST & CGT in Conveyancing

 

Week 14 – 11 Oct

Revision & short in class test

Short test topics from weeks, 11, 12 & 13 (20 marks)

Week 15 – 18 Oct

Jo’s final test

 

Week 16 – 25 Oct

Eligible Resits/ Special Consideration- Resubmissions

 

 

 

 

 

 

 

 

 

 

 


Learning Resources

Prescribed Texts


References


Other Resources

Students must keep abreast of more recent changes via the electronic notes, lecture outlines, prescribed readings, cases and articles, available on the HUB/ Blackboard. The Sale of Land Act, Subdivision Act, 1988 and Owners Corporation Act, 2005 will be discussed in class. Please download and print sections as needed, or purchase a copy and have in class by week 4. Legislation in hard copy can be purchased from Law Institute bookshop or Information Victoria


Overview of Assessment

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

Performance Evidence
Evidence of the ability to:

  • review and interpret legal documents correctly and explain meanings and implications to clients
  • compare legal requirements with client instructions
  • prepare relevant, accurate and timely written and/or verbal advice to clients
  • oversee a legal document signing
  • maintain accurate and thorough records.

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

  • identify and explain key business principles and law applicable to reading and interpreting legal documents and transactions, including legislative and general law (common law and equity) principles
  • identify and explain types of:
    • transactions for personal, business or real estate conveyancing
    • contracts and other documents used in conveyancing
  • identify and explain key current legislative, regulatory and industry practices, procedures and services
  • identify and describe key insurance requirements relevant to a conveyancing transaction
  • explain, using simple vocabulary, a range of:
    • words, phrases and terms of conditions
    • professional and industry terminology
    • particular words or terms that could cause problems (e.g. shall/may/must/will)
  • identify and describe key policies, procedures and business requirements of the practice
  • identify and apply relevant consumer protection compliance
  • identify, describe and apply rules and procedures:
    • precedents and statutory forms
    • construction and interpretation of documents.

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 preparation of a variety of legal documents to support a conveyancing transaction.                  

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

Note: LAW5727C Read and Interpret a Legal Document is co-delivered and co-assessed with LAW5729C Prepare Legal Documents

Assessment Tasks

 

Sale of business assignment                            WEEK 5                     30%

Off the Plan assignment                                   WEEK 11                    50%

In Class test                                                      WEEK 14                   20%

                                                                                                           100%

 

 

To pass this course students must satisfactorily complete all assessment and have a total mark of not less than 50%. Assessment will be graded according to the following mark table, after competency is achieved:

0-49

Not Yet Competent - NYC

50-59

Pass - CAC

60-69

Credit - CC

70-79

Distinction - CDI

80-100

High Distinction - CHD

 

 


Assessment Matrix

Course Overview: Access Course Overview